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European Certificate of Succession

Also known as: ECS, EU Succession Certificate

Definition

A European Certificate of Succession is an official EU document that proves your legal right to inherit assets or administer estates across multiple EU countries, simplifying cross-border inheritance.

Understanding the European Certificate of Succession is important for UK residents with EU assets, though the UK itself does not participate in this system and UK assets always require a separate UK Grant of Probate.

What Does European Certificate of Succession Mean?

The European Certificate of Succession (ECS) was introduced by EU Regulation 650/2012—commonly called the Brussels IV Regulation—which came into force on 17 August 2015. The ECS is an optional certificate that proves your legal status as an heir, beneficiary, executor, or estate administrator across participating EU member states. Before the ECS, administering a cross-border estate required obtaining separate probate documents in every EU country where the deceased owned assets. The ECS creates a single certificate recognized across the EU, valid for six months.

To obtain an ECS, you apply to the competent authority (usually a court or notary) in the EU member state handling the succession. The certificate identifies the heirs, their shares, which law applies, and the executors' powers. However, the UK, Ireland, and Denmark opted out of the EU Succession Regulation under Protocol No 21. This means UK assets always require a separate UK Grant of Probate, and the ECS cannot be issued in or used for the UK—a situation that existed before Brexit and remains unchanged.

For UK residents with EU assets, the ECS becomes relevant when administering estates. If you own a Spanish holiday home and French bank account, your executors could obtain an ECS to administer those EU assets rather than navigating separate probate processes. However, any UK assets still require a UK Grant of Probate through the standard probate registry. This dual process means cross-border estates require specialist legal advice.

Common Questions

"Can I use a European Certificate of Succession for UK assets?" No, you cannot use an ECS for UK assets. The UK, Ireland, and Denmark opted out of EU Regulation 650/2012 which created the ECS. UK assets require a Grant of Probate from the English or Welsh probate registry.

"Does Brexit affect the European Certificate of Succession?" Brexit didn't change the UK's position because the UK never participated in the EU Succession Regulation. The UK had already opted out of EU Regulation 650/2012 before Brexit, so the ECS was never valid for UK estates.

"When should I consider getting a European Certificate of Succession?" Consider an ECS if the deceased had assets in multiple EU member states (excluding UK, Ireland, and Denmark). The ECS simplifies estate administration by providing a single document recognized across participating EU countries.

Common Misconceptions

Myth: "Brexit means I can't use the European Certificate of Succession anymore"

Reality: The UK never participated in the EU Succession Regulation, so Brexit didn't change anything. The UK had already opted out of EU Regulation 650/2012 under Protocol No 21 before Brexit occurred. The ECS was never available for UK estates before or after Brexit.

Myth: "A European Certificate of Succession replaces the need for a UK Grant of Probate"

Reality: The ECS and UK Grant of Probate serve different jurisdictions. If an estate includes UK assets, a UK Grant of Probate is always required, regardless of whether an ECS is obtained for EU assets. The ECS only works in participating EU member states and has no legal effect in the UK.

  • Brussels IV Regulation: The legal framework that created and governs the European Certificate of Succession.
  • Grant of Probate: The UK's equivalent document for estate administration, which serves only UK jurisdiction and is always required for UK assets.
  • International Probate: The general process of administering estates with assets in multiple countries, of which the ECS is one specific mechanism.
  • Cross-Border Estate: An estate with assets in multiple countries, the situation where the ECS becomes relevant.
  • Succession Law: The law that determines who inherits and under what rules, which the ECS certifies but doesn't change.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.