Out of the frying pan into the fire?
The UK’s rejection of the new EU Regulation on international successions
Thursday 8 November 2012 14:00 to 19:00
LocationBritish Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP
Professor Andrea Bonomi, University of Lausanne
Robert Bray, European Parliament
Dr Anatol Dutta, Max Planck Institute for Comparative and International Private Law, Hamburg
Maître François Tremosa, Notaire à Toulouse, Representative of the CNEU, Brussels
Richard Frimston, Russell Cooke, London
Professor Jonathan Harris, King's College; Serle Court, London
Diane Le Grand de Belleroche, Avocat au Barreau de Paris; Solicitor England and Wales
Paolo Pasqualis, Fondazione Italiana del Notariato, Rome
Oliver Parker, Ministry of Justice, London
The EU has adopted a new Regulation on international successions (Regulation (EU) No 650/2012). In short, its main features are the following: It provides for court competence of the courts of the Member State in which the deceased had his habitual residence in the moment of death and declares the law of that Member State applicable to the succession as a whole. The system of scission which is currently followed by national conflict of laws provisions is abolished. The Regulation also provides for a limited choice of the law of the deceased's nationality. In that event, an alignment of court competence and applicable law can be reached through specific mechanisms. The cross-border circulation of authentic instruments is simplified and a European Certificate of Succession newly introduced.
Although the UK is not taking part in the adoption of the Regulation, there are scenarios in which UK citizens moving abroad or possessing property abroad might be affected by the Regulation. This can give raise to a difficult interplay of the Regulation with the private international law provisions in the UK.
Speakers from the continent and the UK will present the Regulation and its main advantages and shortcomings. They will then focus on the difficulties which arise in a cross border context involving UK citizens and discuss the need for law reform.
The event programme is available here.
This event is kindly sponsored by
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