Counsel Magazine

In October 2009, the European Commission adopted a much anticipated proposal for a 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 (Procedure reference COD(2009)0157. The UK and Ireland have not opted in, in part due to the issues of clawback (the risk that inter vivos gifts can be challenged and set aside after death) and the current provisions on jurisdiction and certificates of succession. Other Member States have difficulties too. The Spanish Presidency is hoping to agree the three “big picture” chapters by July: scope, jurisdiction and applicable law. The Bar is inputting its views.