On 14 October 2009, the long awaited draft European Union (EU) Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession – better known as ‘Brussels IV’ – was finally published.
The Background to Brussels IV
Succession law within the EU is extremely diverse; compare for example the common law principle of testamentary freedom which applies in England, Wales and Northern Ireland (subject to some statutory intervention to safeguard the position of dependants) and the forced heirship provisions which apply in France and other civil law jurisdictions. Brussels IV will not alter that position; the internal succession law of individual member states will be unaffected.
The key issue which Brussels IV addresses is the diversity within the EU of the rules of private international law (PIL) which apply to succession issues. The draft regulation also deals with various related issues (including jurisdiction, recognition and enforcement of decisions, authentic instruments and the creation of a European Certificate of Succession) but the focus of this article is on applicable law.
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