New law implementing EU Regulation n°650/2012 on applicable law, recognition and enforcement of decisions

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The Luxembourg Parliament adopted a new law during its session of 20 May to respond to the requirement for Member States to designate a national authority for the purposes of the adaptation of rights in rem to which a successor is entitled under the law applicable to the succession, in cases where the law of the Member State in which the right is invoked does not know the right in rem in question. Pursuant to this law, notaries are the authority in charge in Luxembourg to make the adaptation to the closest equivalent right in rem under the laws of Luxembourg.

 

The Regulation is otherwise directly applicable. It provides for a new conflict of law rule giving the choice between the law of the habitual residence and the law of the nationality to govern a succession and it creates a European Certificate of Succession to enable a person to prove his or her status and rights as heir or his or her powers as administrator of the estate or executor of the will without further formalities.

More on the Regulation: http://ec.europa.eu/justice/civil/family-matters/successions/index_en.htm