A few questions on international successions
Statement
David is an Italian national and died in Lisbon on 1st December 2016.
He had been living there for 20 years.
By a will made in Paris on 03 January 2015, he left a palace in Florence to his nephew Angelo.
Question 1
Does Italian law apply to David’s succession?
Correction
General Explanation
No, it is Portuguese law that applies because David’s last habitual residence was in Portugal.
Statement
Question 2
In the event of a dispute, which court has jurisdiction?
Correction
General Explanation
The court of Lisbon has jurisdiction as that was David’s last habitual residence.
Statement
Question 3
May the court seised with the dispute refer the matter to the place where the real-estate property is located?
Correction
General Explanation
The Portuguese court may not refer the matter to an Italian court because David did not choose his national law to govern his succession.
Statement
Question 4
Who should Angelo contact to have a European Certificate of Succession drawn up? (several answers possible)
Correction
General Explanation
Each State has designated one or several authorities to draw up the ECS and in Portugal they are:
Registrar
Civil registry office
Land registry office
Trade registry office
Notary