Introduction [European Regulation in matters of international successions]

Introduction

When the agreement concerns the successions of several people, any governing laws that have already been identified must be adapted, because if the persons in question should live in two different States, a distributive application of each of the two laws will therefore be required. And if these laws take different views of agreements as to succession (with one validating them, the other cancelling them), we may end up at a dead end.

Therefore, Article 25(2)^[1] requires us to proceed in two steps when the agreement concerns the successions of more than one person. It makes a distinction between the admissibility and the validity of the agreement. Such an approach is not necessary, however, if the parties to the agreement do not make a choice of law.

Notes

Article 25
Agreements as to succession
1. An agreement as to succession regarding the succession of one person shall be governed, as regards its admissibility, its substantive validity and its binding effects between the parties, including the conditions for its dissolution, by the law which, under this Regulation, would have been applicable to the succession of that person if he had died on the day on which the agreement was concluded.
2. An agreement as to succession regarding the succession of several persons shall be admissible only if it is admissible under all the laws which, under this Regulation, would have governed the succession of all the persons involved if they had died on the day on which the agreement was concluded.
  An agreement as to succession which is admissible pursuant to the first subparagraph shall be governed, as regards its substantive validity and its binding effects between the parties, including the conditions for its dissolution, by the law, from among those referred to in the first subparagraph, with which it has the closest connection.
3. Notwithstanding paragraphs 1 and 2, the parties may choose as the law to govern their agreement as to succession, as regards its admissibility, its substantive validity and its binding effects between the parties, including the conditions for its dissolution, the law which the person or one of the persons whose estate is involved could have chosen in accordance with Article 22 on the conditions set out therein.