Challenging the content of an authentic instrument: Article 59.3
This part concerns Article 59[1]
When the challenge relates to the content of the authentic instrument, it will be a matter for the court with jurisdiction to settle the succession.
Example :
Leonard, an Estonian resident, died on 5 September 2015. He left his spouse Penelope and a child, Gaspard.
Leonard was of Italian nationality and had established a will with an Italian notary in which he chose to have his succession governed by Italian law and left all his assets to Gaspard.
Penelope challenges the will, stating that Leonard was very ill when he established his will and had lost his mind.
Penelope will have to seise an Estonian court of this challenge as Leonard’s last habitual residence was in that country (jurisdiction pursuant to Article 4)[2].
The Lithuanian judge who has jurisdiction to rule on the whole of the succession will have to assess the regularity of Leonard’s will according to Italian law, as the latter is applicable to the whole of the succession (Article 22[3]).
Example : Alternative case
Leonard did not choose Italian law to govern his succession. In this case, the Lithuanian judge will have to assess the regularity of the will according to Lithuanian law, as the latter is applicable to the whole of the succession (Article 21[4]).