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With cross-border successions becoming increasingly common in the
context of the European Union, this timely book offers a systematic
practical analysis of how cross-border successions should be
treated, including examination of which courts may establish
jurisdiction over succession disputes and which law governs such
disputes. Key Features: Practical analysis of the provisions of the
EU Succession Regulation Consideration of issues at the
intersection between cross-border successions and taxation Analysis
of the specificities of the European Certificate of Succession and
its interface with national laws Study of cross-border successions
in the context of both estate planning and the opening and
liquidation of a succession Contextualization of the EU Succession
Regulation in the framework of the national law and practice of
several EU Member States A comprehensive study of EU cross-border
succession law with global reach, this book is an invaluable source
of reference and guidance for practitioners specialising in estate
planning, family law and property law, including judges, notaries,
tax specialists and lawyers. Scholars of European succession law
and conflict of laws will also find this book's critical analysis
an instrumental tool in their research.
This book is built upon the outcomes of the EUFam's Project,
financially supported by the EU Civil Justice Programme and led by
the University of Milan. Also involved are the Universities of
Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the
Italian and Spanish Family Lawyers Associations and training
academies for judges in Italy and Croatia. The book seeks to offer
an exhaustive overview of the regulatory framework of private
international law in family and succession matters. The book
addresses current features of the Brussels IIa, Rome III,
Maintenance and Succession Regulations, the 2007 Hague Protocol,
the 2007 Hague Recovery Convention and new Regulations on Property
Regimes. The contributions are authored by more than 30 experts in
cross-border family and succession matters. They introduce social
and cultural issues of cross-border families, set up the scope of
all EU family and succession regulations, examine rules on
jurisdiction, applicable law and recognition and enforcement
regimes and focus on the current problems of EU family and
succession law (lis pendens in third States, forum necessitatis,
Brexit and interactions with other legal instruments). The book
also contains national reports from 6 Member States and annexes of
interest for both legal scholars and practitioners (policy
guidelines, model clauses and protocols).
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