Introduction [European Regulation in matters of international successions]

Introduction

Article 26^[1] of the Regulation specifies the questions pertaining to the validity of the disposition of property upon death.

This concerns:

Capacity (to make dispositions or receive)
Representation of the person making the disposition
Interpretation of the disposition
Vices of consent

The scope of application of the anticipated law governing the succession must be specified. For certain legal systems, the Regulation represents a radical change to the rules applied hitherto.

Notes

Article 26
Substantive validity of dispositions of property upon death
1. For the purposes of Articles 24 and 25 the following elements shall pertain to substantive validity:
  - a) the capacity of the person making the disposition of property upon death to make such a disposition;
  - b) the particular causes which bar the person making the disposition from disposing in favour of certain persons or which bar a person from receiving succession property from the person making the disposition;
  - c) the admissibility of representation for the purposes of making a disposition of property upon death;
  - d) the interpretation of the disposition;
  - e) fraud, duress, mistake and any other questions relating to the consent or intention of the person making the disposition.
2. Where a person has the capacity to make a disposition of property upon death under the law applicable pursuant to Article 24 or Article 25, a subsequent change of the law applicable shall not affect his capacity to modify or revoke such a disposition.