[en] The EU Succession Regulation (Regulation 650/2012) allows for cross-border
circulation of authentic instruments in a matter of succession. Authentic
instruments are documents created by authorised authorities which benefit from
certain evidential advantages. As this Regulation does not harmonise Member
State substantive laws or procedures concerning succession the laws relating to
the domestic evidentiary effects of succession authentic instruments remain
diverse. Article 59 of the Succession Regulation requires the Member States
party to the Regulation to give succession authentic instruments the evidentiary
effects they would enjoy in their Member State of origin. The only limits on this
obligation being public policy or the irreconcilability of the authentic instrument
with a court decision, court settlement or another authentic instrument. This report, which was commissioned by the University of Aberdeen in the framework of a request of the
Committee on Legal Affairs, provides an information resource for legal
practitioners concerning the evidentiary effects of succession authentic
instruments in Belgium.
Disciplines :
European & international law Civil law
Author, co-author :
Wautelet, Patrick ; Université de Liège > Département de droit > Droit international privé
Language :
English
Title :
The evidentiary effects of authentic acts in the Member States of the European Union, in the context of successions - Report for Belgium
