7 Testate / intestate succession [ECS how-to Guide]

7 Testate / intestate succession

7.1

No particular difficulties

7.2

All the dispositions of property upon death should be indicated. If there are several dispositions of property upon death, an additional sheet should be attached.

The other points do not pose any particular difficulties.

You are reminded that the Regulation provides a definition of the notion of dispositions of property upon death.

To enlighten this notion, reference should be made to the law applicable to the succession.

The other points do not pose any particular difficulties.

Example :

So if French law is applicable to the succession, the dispositions of property upon death include, among others, agreements as to succession, in particular donations between spouses of future assets, inter-vivos distributions or anticipated waivers of proceedings. These should therefore be mentioned.

7.3

No particular difficulties

7.4 Other information

This point refers to Article 68(j) of the Regulation^[1] which states notably that information as to whether the succession is testate or intestate, including information concerning the elements giving rise to the rights and/or powers of the heirs, legatees, executors of wills or administrators of the estate.

Advice :

The issuing authority must indicate the investigations it has conducted (notably checks of registers, etc.).

In particular, it may query the Central File of Last Wills and Testaments or consult the ENRWA, the European Network of Registers of Wills Association.

This information should be kept in the succession file.

Notes

Article 68
Contents of the Certificate
The Certificate shall contain the following information, to the extent required for the purpose for which it is issued:
- a) the name and address of the issuing authority;
- b) the reference number of the file;
- c) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate;
- d) the date of issue;
- e) details concerning the applicant: surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable), address and relationship to the deceased, if any;
- f) details concerning the deceased: surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable), address at the time of death, date and place of death;
- g) details concerning the beneficiaries: surname (if applicable, surname at birth), given name(s) and identification number (if applicable);
- h) information concerning a marriage contract entered into by the deceased or, if applicable, a contract entered into by the deceased in the context of a relationship deemed by the law applicable to such a relationship to have comparable effects to marriage, and information concerning the matrimonial property regime or equivalent property regime;
- i) the law applicable to the succession and the elements on the basis of which that law has been determined;
- j) information as to whether the succession is testate or intestate, including information concerning the elements giving rise to the rights and/or powers of the heirs, legatees, executors of wills or administrators of the estate;
- k) if applicable, information in respect of each beneficiary concerning the nature of the acceptance or waiver of the succession;
- l) the share for each heir and, if applicable, the list of rights and/or assets for any given heir;
- m) the list of rights and/or assets for any given legatee;
- n) the restrictions on the rights of the heir(s) and, as appropriate, legatee(s) under the law applicable to the succession and/or under the disposition of property upon death;
- o) the powers of the executor of the will and/or the administrator of the estate and the restrictions on those powers under the law applicable to the succession and/or under the disposition of property upon death.