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.
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.
These grounds of jurisdiction will also concern notaries only marginally. A French notary may have jurisdiction in the following cases:
A French national living in Switzerland at the time of his death and who has a property in France ("Article 10(1) of the Regulation)"
.
An Italian who had his habitual residence in France less than five years prior to his death, who is living in Switzerland at the time of his death and owns immovable property in France ("Article 10 (1) b."
).
When the French notary has jurisdiction by the terms of Article 10, he may demonstrate to the applicant that he has no interest in applying for an ECS (if it is not to be circulated in other Member States).