# EU Succession Regulation – Regulation (EU) No 650/2012 URL: https://consilena.com/coverage/laws/stat_eu_32012r0650 - Jurisdiction: European Union - Type: Regulation - Short name: Succession Regulation - Identifier: 32012R0650 - Current as of: 5 July 2012 - Provisions: 84 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02012R0650-20120705 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – Scope and definitions - **Art. 1 Scope**: and definitions — Art. 1 Succession Regulation — Scope 1. This Regulation shall apply to succession to the estates of deceased persons. It shall not apply to… - **Art. 2 Competence in matters of succession within the Member States**: This Regulation shall not affect the competence of the authorities of the Member States to deal with matters of succession. - **Art. 3 Definitions**: 1. For the purposes of this Regulation: (a) ‘succession’ means succession to the estate of a deceased person and covers all forms of transfer of assets, rights… ### Chapter II – Jurisdiction - **Art. 4 General jurisdiction**: The courts of the Member State in which the deceased had his habitual residence at the time of death shall have jurisdiction to rule on the succession as a… - **Art. 5 Choice-of-court agreement**: 1. Where the law chosen by the deceased to govern his succession pursuant to Article 22 is the law of a Member State, the parties concerned may agree that a… - **Art. 6 Declining of jurisdiction in the event of a choice of law**: Where the law chosen by the deceased to govern his succession pursuant to Article 22 is the law of a Member State, the court seised pursuant to Article 4 or… - **Art. 7 Jurisdiction in the event of a choice of law**: The courts of a Member State whose law had been chosen by the deceased pursuant to Article 22 shall have jurisdiction to rule on the succession if: (a) a court… - **Art. 8 Closing of own-motion proceedings in the event of a choice of law**: A court which has opened succession proceedings of its own motion under Article 4 or Article 10 shall close the proceedings if the parties to the proceedings… - **Art. 9 Jurisdiction based on appearance**: 1. Where, in the course of proceedings before a court of a Member State exercising jurisdiction pursuant to Article 7, it appears that not all the parties to… - **Art. 10 Subsidiary jurisdiction**: 1. Where the habitual residence of the deceased at the time of death is not located in a Member State, the courts of a Member State in which assets of the… - **Art. 11 Forum necessitatis**: Where no court of a Member State has jurisdiction pursuant to other provisions of this Regulation, the courts of a Member State may, on an exceptional basis… - **Art. 12 Limitation of proceedings**: 1. Where the estate of the deceased comprises assets located in a third State, the court seised to rule on the succession may, at the request of one of the… - **Art. 13 Acceptance or waiver of the succession, of a legacy or of a reserved share**: In addition to the court having jurisdiction to rule on the succession pursuant to this Regulation, the courts of the Member State of the habitual residence of… - **Art. 14 Seising of a court**: For the purposes of this Chapter, a court shall be deemed to be seised: (a) at the time when the document instituting the proceedings or an equivalent document… - **Art. 15 Examination as to jurisdiction**: Where a court of a Member State is seised of a succession matter over which it has no jurisdiction under this Regulation, it shall declare of its own motion… - **Art. 16 Examination as to admissibility**: 1. Where a defendant habitually resident in a State other than the Member State where the action was brought does not enter an appearance, the court having… - **Art. 17 Lis pendens**: 1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than… - **Art. 18 Related actions**: 1. Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings. 2. Where… - **Art. 19 Provisional, including protective, measures**: Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that State… ### Chapter III – Applicable law - **Art. 20 Universal application**: Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. - **Art. 21 General rule**: 1. Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had… - **Art. 22 Choice of law**: 1. A person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or… - **Art. 23 The scope of the applicable law**: 1. The law determined pursuant to Article 21 or Article 22 shall govern the succession as a whole. 2. That law shall govern in particular: (a) the causes, time… - **Art. 24 Dispositions of property upon death other than agreements as to succession**: 1. A disposition of property upon death other than an agreement as to succession shall be governed, as regards its admissibility and substantive validity, by… - **Art. 25 Agreements as to succession**: 1. An agreement as to succession regarding the succession of one person shall be governed, as regards its admissibility, its substantive validity and its… - **Art. 26 Substantive validity of dispositions of property upon death**: 1. For the purposes of Articles 24 and 25 the following elements shall pertain to substantive validity: (a) the capacity of the person making the disposition… - **Art. 27 Formal validity of dispositions of property upon death made in writing**: 1. A disposition of property upon death made in writing shall be valid as regards form if its form complies with the law: (a) of the State in which the… - **Art. 28 Validity as to form of a declaration concerning acceptance or waiver**: A declaration concerning the acceptance or waiver of the succession, of a legacy or of a reserved share, or a declaration designed to limit the liability of… - **Art. 29 Special rules on the appointment and powers of an administrator of the estate in certain situations**: 1. Where the appointment of an administrator is mandatory or mandatory upon request under the law of the Member State whose courts have jurisdiction to rule on… - **Art. 30 Special rules imposing restrictions concerning or affecting the succession in respect of certain assets**: Where the law of the State in which certain immovable property, certain enterprises or other special categories of assets are located contains special rules… - **Art. 31 Adaptation of rights in rem**: Where a person invokes a right in rem to which he is entitled under the law applicable to the succession and the law of the Member State in which the right is… - **Art. 32 Commorientes**: Where two or more persons whose successions are governed by different laws die in circumstances in which it is uncertain in what order their deaths occurred… - **Art. 33 Estate without a claimant**: To the extent that, under the law applicable to the succession pursuant to this Regulation, there is no heir or legatee for any assets under a disposition of… - **Art. 34 Renvoi**: 1. The application of the law of any third State specified by this Regulation shall mean the application of the rules of law in force in that State, including… - **Art. 35 Public policy (ordre public)**: The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the… - **Art. 36 States with more than one legal system – territorial conflicts of laws**: 1. Where the law specified by this Regulation is that of a State which comprises several territorial units each of which has its own rules of law in respect of… - **Art. 37 States with more than one legal system – inter-personal conflicts of laws**: In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of succession, any… - **Art. 38 Non-application of this Regulation to internal conflicts of laws**: A Member State which comprises several territorial units each of which has its own rules of law in respect of succession shall not be required to apply this… ### Chapter IV – Recognition, enforceability and enforcement of decisions - **Art. 39 Recognition**: 1. A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. 2. Any interested party who… - **Art. 40 Grounds of non-recognition**: A decision shall not be recognised: (a) if such recognition is manifestly contrary to public policy (ordre public) in the Member State in which recognition is… - **Art. 41 No review as to the substance**: Under no circumstances may a decision given in a Member State be reviewed as to its substance. - **Art. 42 Staying of recognition proceedings**: A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the… - **Art. 43 Enforceability**: Decisions given in a Member State and enforceable in that State shall be enforceable in another Member State when, on the application of any interested party… - **Art. 44 Determination of domicile**: To determine whether, for the purposes of the procedure provided for in Articles 45 to 58, a party is domiciled in the Member State of enforcement, the court… - **Art. 45 Jurisdiction of local courts**: 1. The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated… - **Art. 46 Procedure**: 1. The application procedure shall be governed by the law of the Member State of enforcement. 2. The applicant shall not be required to have a postal address… - **Art. 47 Non-production of the attestation**: 1. If the attestation referred to in point (b) of Article 46(3) is not produced, the court or competent authority may specify a time for its production or… - **Art. 48 Declaration of enforceability**: The decision shall be declared enforceable immediately on completion of the formalities in Article 46 without any review under Article 40. The party against… - **Art. 49 Notice of the decision on the application for a declaration of enforceability**: 1. The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the… - **Art. 50 Appeal against the decision on the application for a declaration of enforceability**: 1. The decision on the application for a declaration of enforceability may be appealed against by either party. 2. The appeal shall be lodged with the court… - **Art. 51 Procedure to contest the decision given on appeal**: The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article… - **Art. 52 Refusal or revocation of a declaration of enforceability**: The court with which an appeal is lodged under Article 50 or Article 51 shall refuse or revoke a declaration of enforceability only on one of the grounds… - **Art. 53 Staying of proceedings**: The court with which an appeal is lodged under Article 50 or Article 51 shall, on the application of the party against whom enforcement is sought, stay the… - **Art. 54 Provisional, including protective, measures**: 1. When a decision must be recognised in accordance with this Chapter, nothing shall prevent the applicant from availing himself of provisional, including… - **Art. 55 Partial enforceability**: 1. Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent… - **Art. 56 Legal aid**: An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in any… - **Art. 57 No security, bond or deposit**: No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of… - **Art. 58 No charge, duty or fee**: In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be… ### Chapter V – Authentic instruments and court settlements - **Art. 59 Acceptance of authentic instruments**: 1. An authentic instrument established in a Member State shall have the same evidentiary effects in another Member State as it has in the Member State of… - **Art. 60 Enforceability of authentic instruments**: 1. An authentic instrument which is enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any… - **Art. 61 Enforceability of court settlements**: 1. Court settlements which are enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any… ### Chapter VI – European certificate of succession - **Art. 62 Creation of a European Certificate of Succession**: 1. This Regulation creates a European Certificate of Succession (hereinafter referred to as ‘the Certificate’) which shall be issued for use in another Member… - **Art. 63 Purpose of the Certificate**: 1. The Certificate is for use by heirs, legatees having direct rights in the succession and executors of wills or administrators of the estate who, in another… - **Art. 64 Competence to issue the Certificate**: The Certificate shall be issued in the Member State whose courts have jurisdiction under Article 4, Article 7, Article 10 or Article 11. The issuing authority… - **Art. 65 Application for a Certificate**: 1. The Certificate shall be issued upon application by any person referred to in Article 63(1) (hereinafter referred to as ‘the applicant’). 2. For the… - **Art. 66 Examination of the application**: 1. Upon receipt of the application the issuing authority shall verify the information and declarations and the documents and other evidence provided by the… - **Art. 67 Issue of the Certificate**: 1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified… - **Art. 68 Contents of the Certificate**: The Certificate shall contain the following information, to the extent required for the purpose for which it is issued: (a) the name and address of the issuing… - **Art. 69 Effects of the Certificate**: 1. The Certificate shall produce its effects in all Member States, without any special procedure being required. 2. The Certificate shall be presumed to… - **Art. 70 Certified copies of the Certificate**: 1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant and to any person… - **Art. 71 Rectification, modification or withdrawal of the Certificate**: 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of… - **Art. 72 Redress procedures**: 1. Decisions taken by the issuing authority pursuant to Article 67 may be challenged by any person entitled to apply for a Certificate. Decisions taken by the… - **Art. 73 Suspension of the effects of the Certificate**: 1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a… ### Chapter VII – General and final provisions - **Art. 74 Legalisation and other similar formalities**: No legalisation or other similar formality shall be required in respect of documents issued in a Member State in the context of this Regulation. - **Art. 75 Relationship with existing international conventions**: 1. This Regulation shall not affect the application of international conventions to which one or more Member States are party at the time of adoption of this… - **Art. 76 Relationship with Council Regulation (EC) No 1346/2000**: This Regulation shall not affect the application of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (10). - **Art. 77 Information made available to the public**: The Member States shall, with a view to making the information available to the public within the framework of the European Judicial Network in civil and… - **Art. 78 Information on contact details and procedures**: 1. By 16 November 2014, the Member States shall communicate to the Commission: (a) the names and contact details of the courts or authorities with competence… - **Art. 79 Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)**: 1. The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred… - **Art. 80 Establishment and subsequent amendment of the attestations and forms referred to in Articles 46, 59, 60, 61, 65 and 67**: The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 46, 59, 60, 61, 65 and… - **Art. 81 Committee procedure**: 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference… - **Art. 82 Review**: By 18 August 2025 the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the… - **Art. 83 Transitional provisions**: 1. This Regulation shall apply to the succession of persons who die on or after 17 August 2015. 2. Where the deceased had chosen the law applicable to his… - **Art. 84 Entry into force**: This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32012r0650. Index of every page: https://consilena.com/llms.txt.