Admissibility of a disposition of property upon death
The question of the admissibility of dispositions of property upon death arises for both wills and agreements as to succession,
The French version of the Regulation distinguishes between the terms “recevabilité and “admissibilité”, without defining any difference. They would both appear to mean “the possibility of concluding the instrument”. It must be possible for the disposition to be recognised in a State.
Example :
In the case of a mutual will, ensuring its admissibility implies checking that the law specified by'Article 25[1] of the Regulation does make provision for it. However, the question of whether such a will can be established by two partners is no longer a matter of admissibility but one of validity.
It is for the law applicable to the admissibility of the agreement to determine any restrictions that might exist as regards the persons who may be parties to the instrument or the property concerned by it.
Example : In France, appointment of heir is only possible between spouses.
In matters of wills and agreements as to succession concerning the succession of a single person, the boundary between admissibility and validity is of little importance insofar as the same law will apply to both questions.
This is not the case of agreements involving the succession of several people, as admissibility will be subject to the cumulative application of the anticipated laws governing the succession while validity will be subject to the principle of proximity.