# Subsidiary jurisdictions

## Article 10.1

By the terms of Article 10.1, the succession of a person residing in a third State may fall, as a whole, within the jurisdiction of a court in a State participating in the Regulation:

- if the deceased had the nationality of a Member State at the time of his death, and the assets of the estate are located in that State.

- or, failing this, if the deceased had the nationality of a third State, the assets of the estate are located in a Member State and his previous habitual residence was in that State, provided that at the time the court is seised, a period of not more than 5 years has lapsed since that habitual residence changed

## Article 10.2

Article 10.2 also makes provision for the jurisdiction of the courts of a Member State when the deceased was a resident in a third State and some of the assets of the estate are located in a Member State.

If only these two conditions are fulfilled, the jurisdiction of the court of the Member State will be limited to the sole assets located on its territory.

There may therefore be several parallel procedures if the assets of the estate are located in several member States.

Or, failing this, if the deceased had the nationality of a third State, the assets of the estate are located in a Member State and his previous habitual residence was in that State, provided that at the time the court is seised, a period of not more than 5 years has lapsed since that habitual residence changed

## At what point in time should the location of the property be assessed?

There can be no discussion as to the location of immovable property.

The location of movable property, however, may pose difficulties, especially when that property can easily be moved (financial assets, shares in a company, works of art, ships or aircraft).

## Is it the date of death or the date when the court was seized that should be taken into account?

The Regulation does not answer this question.