Brussels, 23/02/2005 (Agence Europe) - On Wednesday the Commission adopted a Green Paper on adopting common rules on transnational successions caused by the fact that the issue has become increasingly important in Member States of the European Union. Legal conflicts, the role of notaries increased inheritance recognition. The Commission has made a list of 39 questions that have to be answered by 30 September.
The Green Paper looks at the practical issues. The Green Paper considers the possibility of rules to determine the jurisdiction of these various authorities and professions. Likewise, to tackle practical problems, it considers the mutual recognition of the extrajudicial documents needed to settle a succession (wills, deeds, administrative documents). The idea of establishing a “European certificate of inheritance” was also mooted for facilitating rights in other Member States. It is asking how the certificate could be established in each state and what would the effects be. The Commission is also going to explore the role of notaries and the way their competencies and performance is recognised. It will also see if heirs could take an initiative at the notary or other authorities where they live if the authorities a Member State is not qualified to deal with the issue of transnational succession.
The Green Paper poses several questions on the applicable law. Should one be allowed to choose the law applicable for succession? With the heirs' agreement or without it? If yes, what would the limitations be? How to settle the disputes over rules on certain successions that cannot be contested? The Green Paper also poses the question of competency of courts. If a procedure is open in one Member State, would it be necessary to go to a court in another Member State where the inheritance is based or take temporary or other measures.
The Green Paper does not contain an assessment or description of the problems encountered in transnational successions and was not yet on the Commission website on Tuesday evening.