Objections in appeal after issuance of certificate of inheritance prevent European Certificate of Succession
The Higher Regional Court of Frankfurt am Main ruled in its decision of December 18, 2023 (Case No. 21 W 96/23) that a European Certificate of Succession cannot be issued if another party raises objections in the appeal proceedings—even if a certificate of inheritance has already been granted previously.
Background of the proceedings
The subject of the proceedings was an application for the issuance of a European Certificate of Succession under the European Regulation on Succession (EU Succession Regulation), after a German certificate of inheritance had already been issued for the estate. Subsequently, another party raised objections to the application for issuance of the certificate before the probate court.
Procedural connection between certificate of inheritance and certificate of succession
Although the certificate of inheritance was already available, the Higher Regional Court of Frankfurt am Main did not consider this sufficient for issuing the European Certificate of Succession. The court argued that the requirements for both documents—certificate of inheritance and European Certificate of Succession—are not identical. In particular, it must also be ensured in the appeal proceedings that there are no justified and substantial objections from any other party to the legal status of the estate.
The purpose of the European Certificate of Succession is to provide proof of the status of heirs or further entitled persons abroad within Europe. However, in the opinion of the Higher Regional Court of Frankfurt am Main, it is not possible to issue the certificate promptly in cases of disputed legal relationships regarding the estate, as long as the matter in dispute has not been finally clarified.
Relevance for practice
The decision of the Higher Regional Court of Frankfurt am Main makes it clear that possession of a national certificate of inheritance does not automatically lead to the issuance of a European Certificate of Succession. What is decisive is always the current status of the legal proceedings and the existence of any objections from other parties. It is necessary to suspend or defer the decision on the European Certificate of Succession if there are substantial disagreements regarding the status of entitlement to inherit and these are the subject of ongoing appeal proceedings.
Courts are therefore obliged, in the event of a dispute, to postpone the issuance of the certificate of succession, even if a certificate of inheritance can already be presented. This is to prevent contradictory or unclear circumstances regarding the estate from being established and recognized through different documents in cross-border legal transactions.
Further information on the decision
Please note that the proceedings remain subject to interpretation and application on a case-by-case basis. The above explanations are based on the publicly available decision of the Higher Regional Court of Frankfurt am Main of December 18, 2023 (Case No. 21 W 96/23), accessible at urteile.news.
Individual legal advice in matters of inheritance law
This decision once again demonstrates the complexity of European inheritance law and the importance of procedural particularities when issuing proof of inheritance. For a reliable assessment and protection of interests, careful analysis of the individual case is recommended. If you have further questions concerning inheritance matters and cross-border estate documents, our team at MTR Legal Attorneys will be happy to assist you. Further information and contact options can be found under Legal advice in inheritance law.
