Cross-border effects of the European Certificate of Succession (ECS): recording heirs from abroad in National Property Registers

Di Ioana Olaru -

The cross-border effects of the European Certificate of Succession (ECS) should be analysed taking into account various aspects: the types of land registers and registration in Europe, the formal requirements for registration of real rights, the legal nature of the ECS and the evidentiary effects of ECS, as well as its limitations regarding immovable assets of the deceased which are situated abroad. The law applicable to the transfer of rights in rem in a succession of a deceased person and the coordination between lex rei sitae and lex succesionis should also be examined. The determination and description of the assets of the deceased in an ECS raise difficulties that are more practical. It may be the case that additional documents (such as court decisions, affidavits of acceptance or even a national certificate of succession or a certificate of immovable entitlement) might be required for a lawful registration.