Navigating cross-border inheritance: the European certificate of succession, national certificates, and forced heirship dynamics
摘要
The European Certificate of Succession functions as a streamlined, cross-border instrument, offering a uniform solution without superseding national succession documents. While it may confer advantages in terms of registrability, presumption of accuracy and public faith, its certification scope remains comparatively limited, particularly with respect to property rights related to the reserved share. Moreover, its effectiveness is constrained regarding the reserved share as a monetary claim against heirs. The first limitation stems from the absence of judicial powers conferred upon the issuing authority, whereas the second arises from the limited prerequisite status of applicants in the Certificate’s issuing procedure.