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The new European regulation substantially simplifies succession procedures in EU countries. One of the most important changes is that the entire succession of an estate is now dealt with only once in one Member State and under one law. This State is generally in the State of which the testator was a habitual resident at the time of death. The inheritance proceedings are conducted under the laws of that State. The criteria for inheritance is therefore the habitual residence of the testator, which is the place where the testator actually lived at the time of death, and considered as home. Thus, the habitual residence of the testator may not be the same as their State of permanent residence. The term permanent residence is more frequently used in the Czech Republic, and it is simply the place where the person is registered for communication with authorities, courts, etc.
The European regulation simplifies not only the stage of hearing the succession proceedings, but also its subsequent execution by means of the so-called European Certificate of Succession. The purpose of this certificate is to prove who are the legal heir(s) and their rights. According to the Regulation, this certificate is recognized in all Member States without the need for special procedures, or other formalities that were previously necessary. Thus, one Member State will now adjudicate on the succession of an estate, and issue a single European Certificate of Succession. The certificate then empowers the legal heir(s) to enforce their rights in another Member State, for ex. for recording a change of ownership in the Land Register.
Although the above procedure seems simple at first glance, there are some pitfalls in practice that need to be taken into account. Especially in cases where the minimal procedural requirements of states such as Sweden come up against the excessive procedural requirements and bureaucracy such as in the Czech Republic. However, these problems can be avoided if the procedure is chosen correctly. Team from Holubová law firm will be delighted to help you with this issue.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."