The validity of copies of a european certificate of succession: practical issues for its effective circulation among member states. Analysis of the resolution of ECJ of 1 of july of 2021, c-301/2021, UE and HC V. Vorarlberger landes

Abstract

The European certificate of succession is a European document with a probative nature that allows what is stipulated (usually proving the status of heir in a different State where the succession is taking place) to be valid in other Member States different from the State of its issuance. These effects are deployed by the certificate without having to resort to any intermediate procedure of recognition or exequatur. In addition, the authorities to whom the certificate is presented must accept what is contained in it without being able to demand more proof documents in this regard. However, when a copy of the certificate is used in legal traffic, not everything is so simple. The Regulation of succession did not clarify many aspects of the European certificate of succession, which has raised doubts for the legal entities that the CJEU ruling of July 1, 2021 tries to resolve. In particular, this resolution under analysis tries to clarify the art. 70.3 of the Regulation specifying aspects regarding terms and extension of validity of the certificate that can be very useful in the legal practice of cross-border successions