Trust & Succession Law
EU Commission proposals for legislation on Wills and Succession
On 14 October the European Commission published proposals for legislation on wills and succession. It includes common rules for determining jurisdiction and applicable law and provides for mutual recognition. A European Certificate of Succession to enable an heir or administrator to prove their capacity throughout the EU is envisaged. The Ministry of Justice issued a consultation on the proposals.
The Law Society of Scotland's response (November 2009)
*On 16 December, after reaching much the same conclusion as the Society's Trust & Succession sub-committee, the UK Government issued a statement opting out of the proposals*