Article 10.2 [European Regulation in matters of international successions]

Article 10.2

Article 10.2^[1] also makes provision for the jurisdiction of the courts of a Member State when the deceased was a resident in a third State and some of the assets of the estate are located in a Member State.

If only these two conditions are fulfilled, the jurisdiction of the court of the Member State will be limited to the sole assets located on its territory.

There may therefore be several parallel procedures if the assets of the estate are located in several member States.

Or, failing this, if the deceased had the nationality of a third State, the assets of the estate are located in a Member State and his previous habitual residence was in that State, provided that at the time the court is seised, a period of not more than 5 years has lapsed since that habitual residence changed

Notes

Article 10
Subsidiary jurisdiction
1. Where the habitual residence of the deceased at the time of death is not located in a Member State, the courts of a Member State in which assets of the estate are located shall nevertheless have jurisdiction to rule on the succession as a whole in so far as:
  - a) the deceased had the nationality of that Member State at the time of death; or, failing that,
  - b) | the deceased had his previous habitual residence in that Member State, provided that, at the time the court is seised, a period of not more than five years has elapsed since that habitual residence changed.
2. Where no court in a Member State has jurisdiction pursuant to paragraph 1, the courts of the Member State in which assets of the estate are located shall nevertheless have jurisdiction to rule on those assets.