Since August 2012, Portugal has been applying Regulation (EU) No 650/2012, which lays down rules on jurisdiction, applicable law, recognition and enforcement of judgements, as well as the acceptance and enforcement of authentic instruments in matters of succession. This regulation also introduced the European Certificate of Succession (CSE).
What is the European Certificate of Succession?
The main purpose of the European Certificate of Succession is to facilitate the exercise of the rights of those interested in an inheritance opened in another Member State of the European Union. This certificate is issued in one Member State for use in another, benefiting heirs, legatees, executors or administrators of estates. It is especially useful when it is necessary to prove or exercise inheritance rights or powers of administration in a country other than that in which the inheritance was opened.
Contents and use of the Certificate
The European Certificate of Succession is a valid document for registering the assets that form part of a succession. It must include several essential pieces of information, such as
- The law applicable to the succession and the grounds for determining it;
- Details of the deceased and the beneficiaries of the estate;
- The share of each heir;
- A list of the assets and/or rights attributed to each legatee;
- The powers of the executor of the will and/or the administrator of the estate.
Simplification and new competences for notary offices
The CSE takes effect in all EU Member States without the need for additional procedures. As of 19 August 2024, the issuance of this certificate is no longer exclusive to the courts, but can be carried out by any notary’s office. This change represents a significant step forward in simplifying the exercise of inheritance rights in different Member States, making the process more accessible and agile for those concerned.
If you have any questions or need assistance with the process of issuing the European Certificate of Succession, don’t hesitate to contact us.
