How to make EU cross-border successions easier: is regulation 650/2012 successful?

Elisabetta Bergamini

Chapter 15 in Research Handbook on EU Private International Law, 2026, pp 317-334 from Edward Elgar Publishing

Abstract: This chapter critically assesses the effectiveness of Regulation 650/2012 in simplifying cross-border successions within the European Union. Conceived to harmonise private international law rules, the Regulation has introduced important innovations: the adoption of habitual residence as the general connecting factor, limited party autonomy in the form of choice of law, and the European Certificate of Succession. Nonetheless, nearly a decade after its entry into force, substantial interpretative and practical challenges remain. Persistent divergences among Member States regarding agreements as to succession, reserved shares, and forced heirship undermine uniform application and legal certainty. Moreover, the Regulation's interaction with third-country systems, particularly common law jurisdictions, highlights the continuing difficulties posed by renvoi, lex rei sitae, and fragmented estates. Equally, its exclusion of fiscal matters leaves unresolved the risks of double taxation and inconsistent treatment of cross-border assets. The chapter concludes that while the Regulation constitutes a significant achievement, its limitations call for further coordination, doctrinal clarity, and possible legislative refinement.

Keywords: Regulation 650/2012; Applicable Law in Matters of Succession; Cross-border Inheritance; European Certificate of Succession; Agreements as to Succession; Reserved Shares; Forced Heirship (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
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