Brussels, 05/03/2012 (Agence Europe) - On 1 March, the committee on legal affairs of the EP (JURI) unanimously adopted its position on facilitating cross-border inheritances, on the basis of the regulation proposed in 2009 by Commissioner Viviane Reding. This regulation aims to make inheritances easier and avoid the involvement of a number of national legal systems in dispute settlement for citizens. According to a press release issued by the committee, an Italian woman who marries a German and settles in Belgium would have the possibility to decide whether her heirs would inherit under Italian or Belgian law.
According to the text adopted, which was drafted by the German MEP Kurt Lechner (EPP), a European Certificate of Succession could also be created “to make the legal position clearer for the person who draws up the will and to safeguard the rights of heirs, as well as other parties, such as creditors”, the committee continues.
Two new rules to designate the applicable regime are brought in: if a person dies in a member state which is not their country of origin, their will would generally be dealt with under the law of the member state of their last usual residence, which “would avoid conflicts that could otherwise arise if several courts in different member states declared themselves competent”.
But the person drawing up a will would also have the option of having his or her will read under the law of his or her member state of origin. This legislation would give “EU citizens a new right, which MEPs believe would be a major improvement, as it would allow someone living abroad to retain close links with their home country and ensure that specific national provisions, such as rules governing gifts made during a lifetime, are respected”.
Reding welcomed the vote, describing it as a major step towards legal security for thousands of families and nearly 12 million people concerned by international inheritances in the EU. The Notaries of Europe (CNUE) also welcomed the vote, which goes “in the right direction” and constitutes “major progress” for the citizens. The CNUE particularly welcomes the fact that the usual residence criterion has been chosen, as well as the important innovation of the European Certificate of Succession.
The vote of the JURI committee is to be confirmed in the plenary session of 13 March. As for the Council, it has still not managed to remove its final obstacles, which came to light on 13 December last year at the Council of justice ministers. The ministers had adopted only a partial agreement on this text and are still divided over, amongst other things, the issue of gifts made by living people in the event of the giver's death (the clawback). The United Kingdom and Ireland stated that their support for this text will be conditional on a compromise more along the lines of their practices, ensuring that a third party who has acquired an item in good faith cannot be forced to return it to the giver's heirs. Discussions are still underway on this dossier and an agreement at the Council is possible before the end of March, according to one source. (SP/transl.fl)