Position Papers

CNUE identification number in European Commission’s Register of interest représentatives: 9108490742-26

Position on the Proposal for a Regulation on Jurisdiction,Applicable Law, the Recognition and Enforcement of Decisions and Authentic Instruments and the Creation of a European Certificate of Succession

Brussels,

The Notaries of Europe have noted the publication of the European Commission’s proposal for a regulation on successions. They support this ambitious proposal which will provide greater legal certainty for European citizens. Accordingly, they welcome the fact that the European Commission’s proposal integrates the principle of “controlled autonomy” which stipulates that the applicable law for successions will be that of the place of habitual residence of the deceased. At the same time, citizens will have the possibility of opting for the law of their country of nationality. Finally, the Notaries of Europe support the Commission’s proposal to create a European Certificate of Succession which will serve as proof of the capacity as heir in all Member states and will facilitate the actions of beneficiaries. Nevertheless, in the light of their experience as legal practitioners, the Notaries of Europe wish to draw attention to certain changes which they would like to be made to the proposal.