Speculation on the operation of succession regulation 650/2012: tales of the unexpected

Abstract

This article considers the possible effects on the estates of UK nationals and/or assets situated in the United Kingdom of Regulation (EU) No. 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession ('Rome IV'), which will apply to the succession of persons who die on or after 17 August 2015. It seeks to demonstrate that the decision by the United Kingdom not to opt in to Rome IV does not mean that such persons and property will be unaffected by the Regulation and to show by hypothetical scenarios how Rome IV may have an effect beyond the limits of compliant EU Member States

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