International inheritances governed by the new European Regulation
This Regulation entered into force on 18 August 2015, and will apply to successions by reason of death in the Member States of the European Union, with the exception of Denmark, Great Britain and Ireland. It will apply exclusively to the successions of persons who die on or after 17 August 2015
Jurisdiction of the Spanish courts
The courts of the Member State in which the deceased had their habitual residence at the time of death will have jurisdiction to rule on the succession as a whole. Where the deceased did not have their habitual residence in a Member State at the time of death, the courts of the Member State in which the assets of the estate are located will have jurisdiction to rule on the succession provided that:
the deceased possessed the nationality of that Member State at the time of death; or
the deceased had previously had their habitual residence in that Member State, provided that, at the time the court is seised, no more than five years have elapsed since the change of that habitual residence.
Where the deceased has chosen the law of a Member State to govern their succession in accordance with this Regulation, the parties concerned may agree that the courts of that Member State shall have exclusive jurisdiction to rule on any matter relating to the succession.
The courts of the Member State in which the deceased had their habitual residence at the time of death may decline jurisdiction in the succession if they consider that the courts of the Member State whose law has been chosen are better placed to rule on the succession, taking into account the practical circumstances of the succession, such as the habitual residence of the parties and the location of the assets.
The courts of the Member State whose law has been chosen by the deceased will have jurisdiction to rule on the succession if:
the court previously seised has declined jurisdiction under specific conditions laid down in the Regulation;
the parties to the proceedings agree to confer jurisdiction on the courts of that Member State;
the parties to the proceedings expressly accept the jurisdiction of the court seised.
Applicable law
Unless otherwise provided in this Regulation, the law applicable to the succession as a whole will be that of the State in which the deceased had their habitual residence at the time of death.
Any person may choose the law of the State whose nationality they possess at the time of making the choice or at the time of death. Persons with multiple nationalities may choose the law of any of the States whose nationality they possess.
That law will govern, in particular:
the causes, time and place of opening of the succession;
the determination of the beneficiaries, of their respective shares and of the obligations that may have been imposed on them by the deceased, as well as the determination of other succession rights;
the capacity to inherit;
disinheritance and exclusion from succession on grounds of unworthiness;
the transfer to the heirs and, where applicable, to the legatees, of the assets, rights and obligations making up the estate;
the powers of the heirs, of the executors of the will and of other administrators of the estate, without prejudice to the special rules on the appointment and powers of administrators of the estate in certain situations;
liability for the debts and charges of the estate;
the disposable portion, the forced shares and other restrictions on the freedom of disposal mortis causa, as well as the claims that persons close to the deceased may have against the estate or the heirs;
the obligation to restore or account for gifts, advances or legacies in order to determine the shares of the different beneficiaries;
the partition of the estate.
Recognition and enforcement of decisions
Decisions given in a Member State will be recognised in the other Member States without any special procedure being required.
Decisions given in a Member State and which are enforceable there will be enforced in another Member State when, on the application of any interested party, a local court or competent authority declares them enforceable in the latter.
Acceptance and enforcement of authentic instruments
Authentic instruments issued in a Member State will have in another Member State the same evidentiary effects as in the Member State of origin, or the most comparable effect possible, provided that this is not manifestly contrary to public policy in the Member State addressed.
Authentic instruments that are enforceable in the Member State of origin will be declared enforceable in another Member State by the local court or by a competent authority, at the request of any interested party.
European Certificate of Succession
This Regulation creates a European Certificate of Succession, to be issued for use by heirs, legatees with direct rights in the estate, and executors of wills or administrators of the estate who need to invoke, in another Member State, their capacity as such or exercise their rights as heirs or legatees, or their powers as executors of the will or administrators of the estate. Once issued, the certificate will produce its effects in all Member States without the need for any special procedure.