The interplay of succession laws in Europe has always been complex. The EU Succession Regulation has been fully effective since the summer of 2015 and has changed the landscape for succession in most of the EU. Brexit has not changed its impact in the UK or elsewhere and the Regulation affects the estates of any person dying a national of or domiciled in an EU country, or who has previously been resident there or with assets there. This book attempts to look at the subject from the perspective of a practitioner outside the EU, address some of the various topics that may be relevant and attempt to give some answers to the many questions that remain, with an eye to both the novice and the experienced private international lawyer.

ABOUT THE AUTHOR

Richard Frimston is a solicitor and consultant with Russell-Cooke LLP in London and former partner and head of their private client group. He advises clients in relation to their estate planning, wills, probate and tax planning issues. He is one of the best-known speakers and writers on the topics of cross border estates and the Regulation.

CONTENTS

1. Introduction

2. Private International Law

3. Succession, Identity and Culture

4. Habitual Residence

5. Structure of the Regulation

6. Scope, Application, Exclusions and Definitions - Chapter I of the Regulation

7. Applicable Law - Chapter III of the Regulation

8. General Provisions - Chapter VII of the Regulation

9. Jurisdiction - Chapter II of the Regulation

10. Recognition and Enforcement - Chapter IV of the Regulation

11. Courts, Court settlements, Authentic Instruments and Notaries - Chapter V of the Regulation

12. Forms and Comitology and the European Certificate of Succession - Chapter VI of the Regulation

13. Matrimonial and Registered Partnership Property Regimes

14. Commorientes, Classification and Survivorship

15. Wills, Agreements as to Succession and Other Dispositions of Property Upon Death

16. Administration, Administrators and Executors

17. Debts, Third Parties, Disclaimers and Limitations

18. Obligations to Restore, Clawback, Collation and Reduction

19. Property Law and Adaptation

20. Children as Beneficiaries

21. Professio Juris and Choices of Law

22. Renvoi, no Renvoi and Limitations of Scope

23. Treaties with Third States

24. Public Policy

25. Future Developments and Conclusions

Appendix - Resources