European Regulation in matters of international successions

The issuing authority will issue the certificate on the basis of the official template as in Implementing Regulation n°1329/2014 of the Commission of 9 December 2014.

However, the authority may not issue the certificate:

• If the certified elements are being challenged,

• If the Certificate turns out not be in conformity with a decision covering the same elements.

The issuing authority keeps the original of the certificate. Only certified copies may circulate.

Nothing is expressly stated in the Regulation as to the conditions in which the original of the ECS is kept, except that it must be numbered with a reference number (officer number/year/reference number) and bear its date of issue.

It is recommended that the issuing authority should keep a register of ECS distinguishing:

• The ECS and the mandatory annexes which will be kept in the minutes of the notaries,

• The exhibits of the procedure (supplied with the issue application and the elements used by the notary to fill out the ECS), which will be kept in the file for the succession along with the usual documents.

The issuing authority may issue certified copies when requested:

• By the applicant for the original ECS;

• By any person demonstrating a legitimate interest, such as the legatees and creditors of the deceased.

There is no specific procedure or form to apply for a copy, but an application in writing will make it possible to keep a trace of the interest of the applicant.

• The period of validity of certified copies is limited to six months as of the date of issue.

• In exceptional, duly justified cases, the notary may extend the period of validity and must indicate the reason for the extension at the bottom of the copy.