Cross border succession-planning and probate can be complicated, particularly where the ‘connecting factors’ (which connect each of us as individuals to a particular set of private international laws) conflict. Problems are exacerbated where couples are nationals of different jurisdictions, where they have real and movable property in a number of different jurisdictions and where they have children from different relationships.
Intended to simplify succession law throughout the EU, European Succession Regulation No.650/2012 (or ‘Brussels IV’) will apply to the estates of individuals dying after 17 August 2015 - and although the UK, Denmark and Ireland have opted out, the Regulation will still affect citizens in these countries with cross border assets.
Far from simplifying matters though, the exercise of opt-outs together with ambiguous drafting has led to experts across Europe to reach different conclusions as to how it will be interpreted.
Practical advice will be given on:
• The building blocks of private international law.
• What Brussels IV was supposed to achieve.
• What are the ambiguities in the Regulation?
• The ‘member states’ versus ‘third state’ conundrum.
• Is it safe from a planning point of view to treat an existing will as an implicit election?
• What can be done to eliminate as much ambiguity as possible?
• How are Brussels IV and specifically the European Succession certificate likely to apply in practice?
Case studies from France and Spain
Speaker: Daniel Harris, associate, Stone King
The audio webinar will take place at 1300 on 6th May 2015 and is scheduled to last one hour.
Price: £45. 20 per cent discount to Private Client Section members.