Efects of the ECS [European Regulation in matters of international successions]

The effects of the ECS and absence of formalities

The ECS shall produce its effects in all Member States without any special procedure being required (Article 74^[1]).

The elements established and certified in the ECS shall be considered accurate (Article 69^[2]) and the persons mentioned in the certificate are presumed:

To have the status mentioned in the certificate,

To have the rights and powers set out in the certificate without any restrictions other than those that might be mentioned in the ECS,

This status and the rights and powers attached to it are binding upon third parties or co-contractors acting in good faith (Article 69^[2]) unless:

They were aware of the inaccuracy,

Or they were unaware of it due to gross negligence.

Notes

Article 74
Legalisation and other similar formalities
No legalisation or other similar formality shall be required in respect of documents issued in a Member State in the context of this Regulation.
Article 69
Effects of the Certificate
1. The Certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State, without prejudice to points (k) and (l) of Article 1(2).
2. The Certificate shall be presumed to accurately demonstrate elements which have been established under the law applicable to the succession or under any other law applicable to specific elements. The person mentioned in the Certificate as the heir, legatee, executor of the will or administrator of the estate shall be presumed to have the status mentioned in the Certificate and/or to hold the rights or the powers stated in the Certificate, with no conditions and/or restrictions being attached to those rights or powers other than those stated in the Certificate.
3. Any person who, acting on the basis of the information certified in a Certificate, makes payments or passes on property to a person mentioned in the Certificate as authorised to accept payment or property shall be considered to have transacted with a person with authority to accept payment or property, unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.
4. Where a person mentioned in the Certificate as authorised to dispose of succession property disposes of such property in favour of another person, that other person shall, if acting on the basis of the information certified in the Certificate, be considered to have transacted with a person with authority to dispose of the property concerned, unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.
5. The Certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State, without prejudice to points (k) and (l) of Article 1(2).