International Succession Litigation
International Succession Litigation
International succession disputes represent a complex aspect of inheritance law, requiring specialized expertise due to the involvement of multiple jurisdictions and legal systems. When assets are located in different countries or heirs reside abroad, the legal and practical challenges multiply.
Legal Issues
Determination of Jurisdiction
The initial challenge is determining which jurisdiction is competent to handle the estate. Laws vary significantly from one country to another, with some countries applying the principle of lex domicilii (the law of the deceased’s domicile), while others apply lex rei sitae (the law of the location of the assets). European Regulation (EU) No. 650/2012 aims to harmonize these rules, but conflicts of laws still persist.
Applicable Law
Once jurisdiction is determined, the issue of applicable law arises. There may be significant differences between national inheritance laws, such as those concerning reserved heirs’ rights, the surviving spouse’s share, or the validity of wills. Conflicts of laws may occur, requiring thorough analysis and strategic application of private international law.
Recognition and Enforcement of Foreign Judgments
Another major challenge is the recognition and enforcement of foreign judgments in succession matters. Decisions made in one country are not automatically recognized and enforced in another. Specific, often lengthy and costly, procedures must be followed to obtain this recognition, which can delay the distribution of assets to heirs.
Practical Issues
Location and Valuation of Assets
Locating and valuing assets located abroad can be complex. Each country has its own procedures for valuation and property transfer, requiring effective coordination between lawyers, notaries, and other professionals in different countries.
Multilingual Communication and Documentation
Managing legal and administrative documents in multiple languages is another practical difficulty. Accurate translation of these documents is crucial to avoid misunderstandings and ensure compliance with legal requirements in each jurisdiction.
Costs and Delays
International succession disputes can be lengthy and costly. Attorney fees, translation costs, travel expenses, and court fees can quickly accumulate, making financial management of the estate more challenging for heirs.
Our Expertise at Your Service
With our experience in international succession disputes, our firm supports you at every stage of the process, from determining jurisdiction to recognizing foreign judgments. We ensure smooth and efficient management of your case, providing optimal representation of your interests and swift resolution of your disputes. Contact us to learn more about how we can assist you.