Assets located in a third State: Article 12
Example :
A Finnish citizen whose last residence was in Finland has died. Among other assets, he owned an apartment in London.
How can that asset be shared out?
The Finnish decision on sharing out the estate will not be applied in Great Britain. The heirs must follow the English procedure regarding this apartment in London.
Article 12 makes allowance for this situation.
By the terms of Article 12[1], where the estate comprises assets located in a third State and it may reasonably be thought that the Finnish decision will not be recognised or enforced in England, a party may apply to the court seised in a Member State not to rule on that asset.
The parties and the judge must examine the scope and enforceability of the decision abroad.
If such enforcement proves to be impossible, it will be necessary to ask the Finnish judge not to rule on the apartment in London, and to initiate particular proceedings in England, with those proceedings being limited to that immovable property only.