# Acceptance or waiver of a succession: Article 13

This part concerns Article 13

In certain States participating in the Regulation, the law requires the heir to declare that he accepts or waives the succession.

When the heir resides in another State than that whose courts have jurisdiction to rule on the succession, he may appear in front of the court of the habitual residence.

## Example

Leonard, a Luxembourg resident, was heavily in debt further to a number of unsuccessful business deals in the course of his life. He died on 18 September 2015, leaving his daughter Lucie as his heir. She resides in Lille in France and appears before the clerk of the court of that city to waive her father's succession. The clerk has jurisdiction to receive that waiver, even though the succession itself is a matter for the courts of Luxembourg in principle.

## Note

The subsidiary jurisdiction provided by Article 10 of the Regulation will be addressed in the second part of the training course of the Regulation outside the participating States (when the deceased resided outside the States participating in the Regulation).