A European succession goes beyond national borders and, as such, can raise Questions like which law is applicable and which judge should rule on the dispute.
In general, upon the death of a relative, the heir has the right to entrust the succession to a court in the last European country in which the deceased lived, or to a notary from any European Country.
As for the applicable law, the national law of the last European country in which the de cujus lived applies, unless he expressly opted for the law of the country of which he was a Citizen.
If then the succession generates disputes so much that it must be entrusted to the judicial authority, the heirs must apply to the court of the last European country in which the deceased lived, or of the European country of which the deceased had citizenship, in case of express declaration of the de cujus in this sense. Nevertheless, all interested, parties must agree on the choice of court.
If the judicial authority of an EU country issues a judgment on inheritance, this will be recognized in other EU countries without special procedures.
In the event that a party residing in another EU country does not voluntarily comply with the judgment, the counterparty has the right to apply for the decision to be declared enforceable, in order to make the intervention of the police or a bailiff possible.
The opposing party may, in turn, appeal against the recognition or enforceability of the sentence, if the measure is clearly incompatible with the public order of the European country where it should be recognized and enforced; if it contradicts previous rulings of the European country where it should be recognized and enforced; or even if the procedural parties have not had the opportunity to prepare their defense.
Please do not hesitate to contact us for further information:
Dwyer Legal Law Firm, Schwanthalerstr. 13, Aufgang IV, 80336 Munich
Tel: +49 (0) 89 24 88 14 310, www.dwyer-legal.com
Note: Information provided in this Knowledge Database is for orientation only and not binding.