Activities of Diana WALLIS related to 2009/0157(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession PDF (458 KB) DOC (347 KB)
Legal basis opinions (0)
Amendments (17)
Amendment 133 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In the case of lifetime gifts made by the deceased, the donee and third parties should be protected against the effects of subsequent changes to the applicable succession law. A claim for restitution of a gift under the law applicable to the succession should be allowed only to the extent that the gift could also be reclaimed under the law hypothetically governing the succession to the donor's estate at the time when the gift was made.
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 3 – point i
Article 1 – paragraph 3 – point i
(i) the constitution, functioning and dissolving of trusts except trusts created by testamentary dispositions or by the rules on intestacy;
Amendment 178 #
Proposal for a regulation
Article 16 – title
Article 16 – title
General rules in the absence of choice
Amendment 180 #
Proposal for a regulation
Article 16
Article 16
Unless otherwise provided for in this Regulation, the law applicable to the successiestate of a deceased person as a whole shall be thate law of the State in which the deceased had their habitual residence at the time of twas habitually resident at the time of his or her death and had also been resident for a period of not less than four years immediately preceding his or heir death.
Amendment 184 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Amendment 185 #
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
Where, by way of exception, it is clear from all the circumstances of the deceased that at the time of his or her death he or she was manifestly more closely connected with a State other than the State the law of which would otherwise be applicable under this Article, the law applicable to his or her succession shall be the law of that other State.
Amendment 190 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A person may choose as the law to govern the succession as a whole the internal law of the State whose nationality they possess(excluding its rules of private international law) the nationality of which he or she possesses at the time of making the choice. The choice of law shall also be valid if a person possesses, at the time of his or her death, the nationality of the State whose law he or she has chosen.
Amendment 200 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Restitution by donees of lifetime gifts 1. The restitution by the donee of a lifetime gift may be claimed under the law applicable to the succession according to this Regulation only to the extent that such restitution could also be claimed under the law which would, by virtue of this Regulation, have governed the succession to the donor's estate at the time when the gift was made. 2. For the purposes of applying paragraph 1, a choice of law made by the donor in accordance with Articles 17, 18(3) and 18a(3) shall only be entertained if the donee knew of the choice of law at the time when the gift was made.
Amendment 204 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory wording
Article 21 – paragraph 2 – introductory wording
2. TNotwithstanding the law applicable to the succession shall be no obstacle to the application of, where the law of a Member State in which succession property is located requires the appointment of an administrator of the estate or an executor of the will, the law of theat Member State in whichshall apply in relation to theat property ias located where itregards the following matters:
Amendment 207 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) subjects the administration and liquidation of the succession to the appointment of anthe administrator or the executor of the will viaby an authority located in thisat Member State. The law applicable to the succession shall govern the determination of the persons, such as the heirs, legatees, executors or administrators of the will, who are likely to be appointed to administer and liquidate the succession;
Amendment 208 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) subjects the final transfer of the inheritance to the beneficiaries to the prior payment of taxesthe powers and duties of any appointed administrator or executor which are exercisable in relationg to the successionassets located in that Member State.
Amendment 210 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any administrator or executor appointed under that law shall also be entitled, pursuant to that law, to discharge the debts of the deceased, whether or not they are located in that Member State. However, the order of priority for the discharge of all such debts shall be determined in accordance with the law applicable to the succession. As regards the appointment of such administrators or executors, the authority of the Member State concerned shall appoint the following persons to act there in that capacity: (a) any persons entrusted with the administration of the estate by a court on which jurisdiction has been conferred in relation to the succession; or (b) where no person has been so entrusted, any persons entitled as heirs pursuant to the law applicable to the succession; or (c) such other persons as that authority shall appoint; Appointments made under point (c) may only be made by way of exception and only in cases where the persons entitled as heirs under the law applicable to the succession are either insufficient or excessive in number under the law of the Member State where the authority is situated or are not qualified to act as administrators or executors for a reason concerning the public policy (ordre public) of that Member State.
Amendment 214 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Referralnvoi
Amendment 215 #
Proposal for a regulation
Article 26
Article 26
Where this Regulation provides for the application of the law of a Member State, it means the rules of law in force in that State other than its rules of private international law.
Amendment 217 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Where this Regulation provides for the application of the law of a non-Member State, the rules of private international law of that State shall apply where they designate, as to matters of succession, the law of any Member State; the law of that Member State shall apply except for its rules of private international law.
Amendment 218 #
Proposal for a regulation
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
Notwithstanding the contents of paragraphs 1 and 1a, where Article 17, 18, 18a, 18b or 20 provides for the application of the law of a State, this means the rules of law in force in that State other than its rules of private international law.
Amendment 237 #
Proposal for a regulation
Article 41 – paragraph 2 – point k a (new)
Article 41 – paragraph 2 – point k a (new)
(ka) where applicable, a copy of the last will and testament of the deceased.