Three days after Regulation 650/2012 on international successions became applicable, the Notaries of Europe have already made a decisive step with a view to interconnecting the national registers of European Certificates of Succession (ECS). The French and Luxembourg registers have been interconnected since 20 August 2015, thanks to the actions of the European Network of Registers of Wills Association (ENRWA – www.enrwa.eu). The Belgian register will also be interconnected by the end of the year.
The ECS is a major innovation of Regulation 650/2012. Automatically recognised in all Member States, it will allow interested parties to assert their status as heir or administrator of the succession without any other formalities in all EU countries. There is a standard form, drawn up by the local authority, which specifies:
• The law applicable to the succession and the circumstances in fact and in law used to determine that law.
• The elements in fact and law giving rise to the rights and powers of heirs, legatees and executors of wills.
• The status as heir and the rights of each heir.
• The list of rights and assets for any given heir.
• The powers of the executor of the will.
In order to make the procedures easier for citizens and to find an ECS easily in any Member State, the CNUE and the ENRWA have made the interconnection of registers a priority for the coming months. This involvement is both necessary and logical since notaries have been designated as the ECS issuing authority in fifteen Member States.