The European Succession Regulation, also known as Brussels IV, represents a significant legislative development within the European Union (EU) for handling international succession cases. Applicable in all EU Member States except the UK, Ireland, and Denmark since August, 2015, this regulation aims to streamline and clarify the process of dealing with estates that have a transnational element, such as a German testator living abroad or an estate with assets in different countries. In other words, for Brussels IV to be applicable, it needs a succession that possesses a transnational component.
What is the EU Succession Regulation?
The EU Succession Regulation is a comprehensive legal framework designed to address the complexities arising from cross-border inheritances within the EU. Prior to its implementation, handling an international estate was often fraught with legal complications due to varying national laws and the absence of a unified approach.
Brussels IV seeks to solve these challenges by providing clear rules on jurisdiction, applicable law, and the recognition and enforcement of succession-related decisions across EU Member States.
Essentially, the European Succession Regulation governs three aspects of transnational succession cases:
- It regulates which national law of succession if applicable to successions with a transnational component (Article 20 et seq. of Brussels IV)1 if there are no special treaties,
- It stipulates which court has jurisdiction in such cases (Articles 4 et seq. of Brussels IV)2, and
- It defines the European Certificate of Succession (Articles 62 et seq. of Brussels IV)3.
Therefore, the EU Succession Regulation has brought significant changes to how transnational succession cases are handled within the European Union.
Por:
Isabela Burgo – Advogada
Caio Oliveira – Estagiária