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The testator is a dual Czech and Swedish citizen, living in Sweden, and is therefore habitually resident there. In addition to property in Sweden, this testator owns several properties in the Czech Republic, and several bank accounts with local banks. These properties and bank accounts form the subject of the inheritance of this testator.
According to the Regulation, the inheritance on the whole is to be decided by the courts (or other competent authority) of the Member State where the testator was habitually resident at the time of death, and normally under the law of that Member State.
Applying the Regulation to the above model example, the Swedish authorities will be entitled to deal with the entire inheritance of the testator under Swedish law. The informal approach in Sweden allows the heirs to mutually decide on the inheritance. In practice, inheritance will typically be dealt with by a lawyer or a familial jurist. He / she draws up a so-called bouppteckning list, which must be sent to the tax administrator (Skatteverket) within three months of the deceased's death. The court shall decide on the inheritance if and only if there is a dispute between the heirs.
After discussing and coming to an agreement regarding the inheritance, the heirs can proceed with its execution with the help of a European Certificate of Succession. The Swedish tax authority (Skatteverket) is empowered to issue the certificate in Sweden. For the issue of the certificate, the heirs will need the aforementioned list of estate (bouppteckning), which certifies their status as legal heirs, and their associated rights as heirs. The proposal for a certification is not an essential requirement, but can significantly facilitate and speed up the certification process.
Thereafter, in the Czech Republic, we will present the client's certificate as a legal title (a) to the respective banks for the transfer of ownership rights to bank accounts or funds held with them, and (b) to the relevant municipal office for the transfer of ownership of real estate. Care should be taken with the definition of the property, especially real estate as incorrect labeling often results in problems with the Czech authorities. We recommend that you seek the opinion of relevant experts with appropriate experience in this field for your specific requirements and procedures.
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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."