Regulation (EU) No 650/2012 was adopted on the 4th July 2012
with the aim of simplifying cross-border successions and in the
light of today's globalised European environment. These rules
pertain to the succession of persons who die on or after 17 August
2015. This Regulation may be deemed to be the perfect opportunity
for individuals to re-examine their estate planning.
The Regulation aims to:
Ensure that a succession is dealt
with consistently by one Member State and consequently by the law
of the chosen State, which is duly chosen by the individual in
accordance to his last habitual residence or their
Avoid parallel proceedings and
conflicting judicial decisions; and
Ensure that the resulting decisions
are recognised and enforced in all EU member States.
Nonetheless, national governments will continue to regulate
issues specifically relating to property law, family law,
inheritance, and taxation of assets. Furthermore, The Regulation
also caters for the issuance of a European Certificate of
Succession which would permit legatees, heirs, administrators and
executors of wills to exercise their rights and operate in all EU
Member States without the need to submit any further application
It is important to note that although the majority of the Member
States have welcomed the new Regulation, the United Kingdom,
Denmark and Ireland have all opted out and therefore cross-border
succession remains to be regulated by their respective national
Previously, the European Union did not offer a clear system for
the regulation of issues relating to cross-border succession.
Indeed, confusion with respect to the various legal implications
across EU member states may crop up when an individual's assets
are not situated in just one member state. Consequently, the
Regulation will now offer a clear framework in order to determine
which country will have jurisdiction of the individual's
In accordance with Article 149, 'the custodian may not take the child for travel outside the state without the written consent of the guardian. If the guardian does not approve, the matter shall be referred to the judge.'
I am an Asian Muslim woman who married my husband in an Islamic marriage ceremony.
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