Analysis of the special forum for acceptance or renunciation of inheritance under the Succession Regulations

Abstract

In its ruling of 25 March 2025, the CJEU once again interprets the content and scope of the special forum for acceptance or renunciation of inheritance under Article 13 of the Succession Regulation. Once again, the difficulty of balancing the interests of heirs and legatees on the one hand, and creditors on the other, in international successions is apparent. The Court states that the term ‘hear’ in Article 13 does not allow the Polish court of the heir’s habitual residence to be considered competent to rule on the attempt to annul the negative effects for the heir of the untimely declaration, which must be decided by the German court competent to resolve the dispute. This position is not the one that best combines respect for the conflicting interests in the Regulation, achieving the aim of facilitating the administration of the succession of heirs and legatees who are habitually resident in a Member State other than the one competent to hear the succession, and not prejudicing the rights of creditors.