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Succession law - ECJ strengthens the European Certificate of Succession (ECS)

Inheritance law

Succession law - ECJ strengthens the European Certificate of Succession (ECS)

In its judgment of 01.07.2021 (C-301/20), the European Court of Justice, in answering the questions of the Austrian Supreme Court on the interpretation of the Succession Regulation 650/2012, has laid a further stone in outlining the functionality of the ECS in favour of its usability for citizens in international successions. It ruled that if the certified copy of the ESC is not marked as being valid for six months, but rather as being valid for an "unlimited" period, it is valid for six months following the issue of the ECS. In addition, it has been clarified that even the co-heir who has not requested the issuance of the CSE may make use of it, and finally, that for the authority to which the certified copy of the CSE is submitted (e.g. a land register to which the transcription in favour of the heirs is requested), for the purposes of the period of validity of the certified copy of the CSE, the moment in which it is submitted is decisive, and not the subsequent moment in which this authority will actually decide on the heirs' request. In essence, the ECJ seeks to avoid that a formalistic conduct towards the CSE forces a citizen to to further fulfilments, with a loss of time and money.