PROPOSAL FOR A REGULATION ON CONFLICTS RULES IN SUCCESSION

By the time of reading, the UK will have informed the EU institutions regarding its decision on whether or not to opt-in to the October 2009 Commission 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 Bar, and other branches of the UK legal profession recommended that it should not opt-in at this stage. The proposal as adopted has some good ideas, but there remain two primary areas of concern, being clawback and the current provisions on jurisdiction and certificates of succession. The proposal is available at:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0154:FIN:EN:PDF


Note that the Academy of European Law in Trier is organising a conference on the proposal on 18 February 2010. See events on its website at www.era.int/

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