According to statements by the Minister of Justice, Rafael Catalá, during the opening of a seminar on the new EU Regulation on cross-border successions, this document makes it possible to certify the status of heir or legatee in any EU country. Another manifestation of the strengthening of the notarial function in succession matters is the new EU Regulation on cross-border successions, which since its entry into force last 17 August is making firm progress towards building the single area of justice. The notarial function plays a key role in the planning and development of EU succession”, noted the senior notary of the kingdom. Catalá recalled that this year two anniversaries are celebrated, such as “the 30th anniversary of Spain’s accession to the EU and the 60th anniversary of our country’s joining the UN. Two manifestations of how Spain works towards a shared legal order and of our country’s European and international link. We currently find ourselves in a regional context in which the Law is European and must be used daily by all operators. To paraphrase Jean Monnet, one of the fathers of the current EU identity, the aim is not to build a European Union to bring states together, but to unite people. Citizens have common problems, despite the singularities of legal cultures. The building of Europe is everyone’s responsibility”. One of the figures incorporated by the new succession regulation is the certificate of succession, “colloquially referred to as a ‘passport’ that makes it possible to prove the status of heir or legatee without having to undertake any other procedure”. The Government’s decision to entrust notaries – together with judges – with issuing this document ties in with the Spanish tradition of resolving inheritance matters through notaries. The notarial capacity for service has allowed the government to take this decision, recognising the value of the public document as a key piece – together with land registry publicity – of our system of preventive legal certainty”.
Taken from: http://m.economistjurist.es/content_novelty.php?post_id=41236
