The European Certificate of Succession
Why do you need a European Certificate of Succession?
Are you an heir or executor in an inheritance with international aspects? Then you have to consider the rules and procedures in the Netherlands, but also those in the other country.
In the Netherlands, you can arrange many things with a Dutch Certificate of Succession. For example, with this Dutch certificate of Succession you can ensure that you regain access to a bank account and that a property transferred to the name of the heirs.
In other countries you cannot arrange this with a Dutch Certificate of Succession. Different rules apply there. Within Europe, they have come up with a solution for this: the European Certificate of Succession. I would like to tell you more about that in the remaining part of this blog.
What is included in a European Certificate of Succession?
In this declaration, the different rules of the participating European countries have been merged, making the European Certificate of Succession valid in all these countries.
This certificate states who the heirs are, to whom certain assets are bequeathed, who is authorized to settle the inheritance and what the exact powers of this person are. Based on this information, a foreign body can be sure that they are dealing with an authorized person.
Who can apply for a European Certificate of Succession?
Only an heir, executor or administrator of the inheritance can apply for a European Certificate of Succession. A legatee (this is someone who is entitled to – part of – the inheritance according to the will) cannot do this.
In addition, it is important to know that you can only request a European Certificate of Succession for deaths on or after 17 August 2015 (the date on which the European Succession Regulation came into effect).
When can you apply for a European Certificate of Succession in the Netherlands?
In the Netherlands, the civil-law notary is authorized to draw up a European Certificate of Succession. Before being able to start working on this certificate, the civil-law notary first needs to ensure that Dutch law applies to the estate. You can assess that with the following diagram:
Did the deceased make a choice of law in their will for Dutch law?
Yes: Dutch law applies if the deceased also had Dutch nationality or had the Netherlands as his habitual residence at the time of death.
No: Dutch law applies if the deceased had his habitual residence in the Netherlands at the time of death. This involves determining which country the deceased had the closest ties to.
Is Dutch law not applicable? In that case, it is not permitted for a Dutch civil-law notary to issue a European Certificate of Succession. In such a case, the civil-law notary can advise you on which authority in the other country is best for you to go to.
How do you obtain a European Declaration of Succession?
In the Netherlands, the civil-law notary will help you with a European Certificate of Succession. All you have to do is contact a civil-law notary.
The civil-law notary first investigates who the heirs are and who is authorized to arrange the practical matters of the estate (also known as an executor). When this information is available and clear, the civil-law notary draws up a European Certificate of Succession.
European Certificate of Succession Form
A form has been made available on the European e-Justice website, so that you can find the basics of the European Certificate of Succession in all available languages. However, we do not recommend filling out this form yourself. Unfortunately, from daily experience we know that filling in this form independently is quite complex. As a result, civil-law notaries need more time to process the applications and therefore have to charge higher fees. The civil-law notary can use this form to issue the European Certificate of Succession.
How long is a European Certificate of Succession valid?
A European Certificate of Succession is valid for 6 months after it has been issued. A civil-law notary can issue you with a new copy when these 6 months have passed.
What are the costs of a European Certificate of Succession?
Unfortunately, there is no clear answer to this. The reason for this is that the cost depends on the complexity of each individual application, which can vary from person to person and situation.
Do you need a European Certificate of Succession or would you like more information?
Feel free to contact Marjolein Carmiggelt or Lisan Viveen.