The mortis causa gifts as an agreement as to succession

commentary to the CJEU Judgement of 9 September 2021, UM, C-277-20

Abstract

The Court of Justice Judgement of 9 September 2021 in the UM case clarifies the agreement as to succession of art. 3.1 of the Regulation (EU) no. 650/2012 of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.

The autonomous and uniform interpretation of the Regulation on succession should further the objective of helping the heirs and persons close to the deceased and also the inheritance creditors to exercise their rights in of cross-border succession situations, as well as enabling Union citizens to prepare their succession. This judgment, by clarifying the concept of agreement as to succession and determining the application of the Regulation on succession, facilitates the identification of the Union’s private international law rule to transfer of assets by reason of death and, thus, legal certainty in situations with a foreign element.