August 17, 2015 marked the introduction of new European rules (regulation 650/2012), that introduced a number of important developments in inheritance law, which will be applicable in the European Union (with the exception of the UK, Ireland and Denmark)

The Regulations will apply to all forms of the transfer of assets, rights and obligations for people who passed away on the August 17, 2015 and after.

This regulation is considered “universal” as the context of law applies even in a nonEU country, provided that this is not contrary to an international treaty in force between a Member State and the non-member state.

Law applicable to the succession
The regulation specifies that the law applicable to a succession is that of the habitual residence of the deceased, at the time of his death.

Specifically, Article 21 of regulation 650/2012 states that:

1. Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.
2. Where, by way of exception, it is clear from all the circumstances of the case that, at the time of death, the deceased was manifestly more closely connected with a State other than the State whose law would be applicable under paragraph 1, the law applicable to the succession shall be the law of that other State.

In practice there will be two options:
Application of the National inheritance law of the deceased
Application of the Inheritance law of the country where the deceased had his habitual residence
For (1) to be applicable, it will have to be clearly specified in a testament.

European Certificate of Succession
In addition, in order to allow for a fast, flexible and efficient handling of cross-border successions within the EU, regulation 650/2012, specifies the creation of a European Certificate of Succession intended to allow heirs, legatees, executors or administrators of the inheritance, to easily certify their rights or powers in another Member State. It will not a require certified translation as its contents will be provided in all EU official languages.

The use of the European Certificate of Succession will not be, compulsory and will not be a substitute for internal procedures. However, the effects of the certificate will be recognized in the Member State complying with the new regulation.