Decision of the Higher Regional Court of Frankfurt: No European Certificate of Succession in Case of Disputed Objections, Also in Appeal Proceedings
The Higher Regional Court (OLG) of Frankfurt am Main, in its decision dated 30 July 2024 (Ref. 21 W 126/24), has issued a landmark ruling regarding the issuance of a European Certificate of Succession in the context of probate proceedings. The central question was whether, and under what conditions, a European Certificate of Succession can be issued when a party raises substantiated objections against the application—and whether this also applies at the appeal stage.
The following will thoroughly examine the background, legal standards, and practical consequences of this decision.
Legal Background
The European Certificate of Succession
The European Certificate of Succession (ECS) serves to establish the legal status of heirs, legatees, and executors in cross-border succession matters within the European Union. Its basis is the European Succession Regulation (EU Succession Regulation – EuErbVO), particularly Articles 62 et seq. of the EuErbVO. The purpose is to ensure uniform recognition and handling of succession rights across the EU.
Key Legal Issue in the Decision
Before the OLG Frankfurt, the situation arose where an heir requested the issuance of a European Certificate of Succession. However, another group of parties involved in the estate raised objections, focusing especially on differing views regarding heirship and the interpretation of the estate.
Court’s Decision and Its Reasoning
Dealing with Disputed Objections
The OLG Frankfurt made it clear that a European Certificate of Succession may not be issued as long as there are fundamental disputes between the parties about the requirements under succession law or the order of succession. In particular, this includes:
- Disagreement regarding the identity of the heir(s) or the scope of entitlement to inherit,
- Substantiated submissions casting doubt on the applicant’s legal status,
- Contested wills or unresolved matters regarding the testator’s capacity to make a will.
The court pointed out that unresolved or disputed matters generally require separate judicial determination and must not be decided through the issuance of a European Certificate of Succession ‘by administrative means’.
Standards for the Appeal Proceedings
The OLG Frankfurt further emphasized that these principles also apply in appeal proceedings. Even at the appeal stage, a European Certificate of Succession cannot be issued as long as substantiated objections by any party exist and remain unresolved.
Scope of Judicial Review
The appellate court restricts itself to examining whether the requirements for issuing the European Certificate of Succession are undisputed and do not require further clarification of the facts. As soon as doubts arise as to the correctness of relevant information, the proceedings must be suspended until the disputed points are resolved in the main proceedings.
Consequences and Practical Implications
Procedural Certainty and Legal Protection
Through this decision, the security of the proceedings for the parties is increased. Abusive or premature issuances of a certificate of succession are prevented, and effective legal protection for the parties is ensured. The decision reinforces the importance of careful examination in probate proceedings.
Implications for Cross-Border Estate Planning
The decision underscores the high legal significance of the EU Succession Regulation in estate matters with international aspects. Applicants must expect that a certificate of succession will likely be issued only after any objections have been clarified—which can cause delays, especially in complex or disputed inheritance cases.
Clarification in Favor of National Procedural Law
The OLG makes clear that the national law of the respective Member State plays a central role within the framework of the EU Succession Regulation when it comes to establishing succession and resolving contentious issues. European documents cannot replace judicial clarification, but are evidentiary documents that must be based on an undisputed factual foundation.
Assessment and Outlook
The decision of the OLG Frankfurt is part of a development at both the national and European level to restrict the function of the European Certificate of Succession to transparent and dispute-free constellations. Disputed succession cases therefore remain reserved for judicial clarification in the respective proceedings.
It remains to be seen how case law will develop in the interaction between national and European provisions, especially against the backdrop of increasing internationalization of assets and estate structures.
Source Reference
The decision of the OLG Frankfurt am Main described here is based on the publicly available decision dated 30 July 2024, Ref. 21 W 126/24, published for example at
