The EU cross-border succession regulation : an analysis and proposals for refinement

Abstract

The first chapter of this report provides a brief overview of the European Succession Regulation, highlighting the aims and objectives of the Regulation. Additionally, a brief explanation of a cross-border succession will be provided in order to fully comprehend what legislators sought to accomplish through implementation of the ESR. The second chapter will focus on the key aspects of the ESR, such as the notion of last habitual residence, the choice of law, and the European Certificate of Succession (ECS). A detailed explanation of these topics will be provided to gain a better understanding of the ESR and the methods and procedures that have been implemented to support those individuals involved in matters of cross-border succession. A review of the accomplishments of the ESR is presented in the third chapter of this report. An analysis is made of how the implementation of the ESR by the Member States of the EU has not only lessened the logistical and financial burdens related to cross-border succession but has unified the legal dynamic and increased interrelations among the States. On the other hand, the fourth chapter will delve with the shortcomings/challenges presented by the ESR. The main limitations of the ESR will be explored, as well as the areas that may be severely lacking and in need of refinement or clarification. In view of this, proposals for the improvement of the ESR will be put forward. These proposals will be discussed in the context of the scope of the Regulation and its aim of simplifying matters of cross-border succession, whilst also promoting the free movement of persons. In the Conclusion chapter an analysis of how the ESR has made the distribution of crossborder successions easier within the EU will be presented. The notion of last habitual residence was one of the key aspects of the Regulation and played a big role in its success. Therefore, the connecting factor of last habitual residence will be contrasted with the connecting factor of lex situs which was used to determine the applicable laws to a succession by Member States before the regulation was implemented. An overview of how successions were carried out using lex situs will be conducted in order to provide a better understanding of the aspects of cross-border succession in the past and highlight the aspects that have been improved upon. […]