Regulation of European Union in matters of succession. European Certificate of succession. III

Inheritance, Wills and succession in Spain

REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012, on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

Unified version of E.U Certification of Succession

Whereas 18 of the Regulations states that the European Certificate of Succession issued under this Regulation should constitute a valid document for the recording of succession property in a register of a Member State. This should not preclude the authorities involved in the registration from asking the person applying for registration to provide such additional information, or to present such additional documents, as are required under the law of the Member State in which the register is kept, for instance information or documents relating to the payment of revenue. The competent authority may indicate to the person applying for registration how the missing information or documents can be provided

The Certificate of succession is for use by heirs, legatees having direct rights in the succession and executors of wills or administrators of the estate who, in another Member State, need to invoke their status or to exercise respectively their rights as heirs or legatees and/or their powers as executors of wills or administrators of the estate.

It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the Certificate, whether they be courts, or other authorities with competence in matters of succession, such as, for instance, notaries

As we may note, in Spain, Notaries have the authority to issue the Certificate, which will enable flexibility and speed in solving issues arising in matters of cross-border succession inside the European Union.

The original of the Certificate should remain with the issuing authority, which should issue one or more certified copies of the Certificate to the applicant and to any other person demonstrating a legitimate interest

The use of the Certificate shall not be mandatory, meaning that shall not take the place of internal documents used for similar purposes in the Member States, however, once used shall produce its effects in all Member States, without any special procedure being required.

Finally, on the 9^th December 2014, the Implementing Regulation number 1329/2014 was approved, granting the forms for the implementation of Regulation (EU) number 650/2012. These forms come into force on 17^th August 2015.

Do you wish to learn more under this subject please click here: Inheritance, Wills and succession in Spain

Do not hesitate to contact us in the event you have an inquiry regarding an Inheritance procedure in Spain or if you wish to learn more about the Spanish Inheritance Tax that could be due.

Félix Ruiz, lawyer in Marbella, Lawyer in Spain.