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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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Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."