The Studio Legale Crivello has been dealing with cross-border inheritance matters for years and, in this first paragraph, we introduce the essential documents for dealing with an international succession with clarity and certainty.
The international succession opens at death and the place of opening is the last habitual residence of the deceased, which is crucial to identify the applicable law for the succession according to EU Regulation 650/2012. For this reason, proof of residence and registry documents are among the first documents to be collected when initiating the file.
Often the case may be handled by a court in the last country of residence or by a notary in an EU Member State; both will require clear wills and declarations if the testator has chosen a different law. The role of the notary and legal advisor becomes crucial in drafting compliant deeds and registering the choice of the applicable law for the succession.
In order to proceed validly, it is therefore necessary to prepare comprehensive documentation: personal documents, proof of habitual residence, will, estate deeds and bank documentation. In many cases, certified translations, legalisations or apostilles will be needed to make the documents usable abroad.
Finally, the European Certificate of Succession should not be forgotten: when provided for, this document facilitates the recognition of beneficiaries’ rights in other Member States. In the following sections we will explain which documents for succession are required in detail and how to choose the competent authority to obtain the European Certificate of Succession and the other necessary documents.
International succession: essential documents and choice of law
At the Studio Legale Crivello we approach the practice of international succession with an organised approach to reduce delays and disputes. The collection of the certificate of death remains the first act to be verified; if issued abroad, it requires translation and apostille according to the country of issue. A complete dossier speeds up access to foreign accounts and wealth reports.
Personal and identity documents
We ask the heirs for copies of the heirs’ identity documents and the heirs’ tax code for paperwork in Italy. The certificate of family status and the deed of marriage or civil partnership serve to identify the legal beneficiaries. The presence of valid documents allows the notary or the court to proceed without omissions and facilitates civil registration when required.
Proof of habitual residence
The EU Regulation 650/2012 favours the law of the last habitual residence of the deceased. We collect the proof of residence by means of registry registration, utility bills, employment contracts and tax records. If the evidence is inconclusive, disputes over the choice of law of succession may arise, and early documentation avoids complications.
Wills and declarations on chosen law
The Studio Legale Crivello then verifies the presence of a public will, international will or other recognised form. If the person concerned has made the choice of law of succession, this indication must appear in the will or in a separate choice of law declaration. The notary may draft clear clauses to reduce uncertainty between different national laws.
Assets and bank documents
We then request cadastral surveys and deeds of ownership for real estate, along with account statements and documentation for securities and investments. For foreign accounts it is useful to obtain IBAN details and post-mortem access conditions. This documentation allows an accurate assessment of the estate and supports the possible issuance of the European Certificate of Succession.
Practical procedures, European Certificate of Succession and competent authorities
When a succession involves several countries, it is crucial to know how to navigate between the different national authorities and the instruments provided by European law. A correct choice of competent authority can simplify the procedure and avoid delays. Often the competent tribunal of the succession is mandatory in the event of a dispute. A notary for succession can handle non-litigious acts and speed up the proceedings.
Choice of competent authority: court or notary
When there is a disagreement between heirs or a court order is needed, turning to the court competent for the succession is the necessary way. If the parties agree on the choice of the court of another Member State for the applicable law, they must formalise the agreement. For consensual practices, we prefer to work with a notary for succession, who often issues documents that are valid for foreign authorities.
European Certificate of Succession: when and how to apply for it
The European Certificate of Succession proves the status of heir or executor. It is required when dealing with assets in several EU countries. The issuance of the certificate of inheritance can take place at the court competent for the succession or through the notary, depending on the local regulations.
Certified copies of the certificate facilitate access to accounts and property management. The validity of the certified copies covers the first six months and can be extended. In the event of inaccuracies, it is possible to request that the document be amended or withdrawn.
Recognition and enforceability of foreign judgments and documents
An inheritance judgment issued in one Member State is generally recognised in the other EU states. The procedures for enforceability of EU judgments are used to obtain compulsory intervention. If the other party does not comply, a declaration of enforceability is made.
A recognition objection may arise due to issues of public policy or violation of the right of defence. In such cases, it is essential to prepare pleadings and evidentiary documents to support the recognition of inheritance judgments.
Useful documents for interfacing with foreign banks and authorities
Working with foreign institutions requires certified translations and, where required, apostilles on notarial deeds. We at Studio Legale Crivello recommend preparing international power of attorney to handle accounts and sales in foreign countries.
The documents for foreign banks include the European Certificate of Succession, certified copies of wills and powers of attorney, proof of identity and proof of residence. Proper preparation reduces rejections by counters and accelerates wealth transfers.
Conclusion
To deal with an international succession, it is essential to carefully collect the certificate of death, identity documents, proof of habitual residence, the will with any choice of law, and estate and bank documentation. These elements make it possible to identify the competent authority and, when necessary, apply for the European Certificate of Succession for cross-border enforcement.
Complexity increases if assets, residence or citizenship involve several states. Legal differences affect beneficiaries, inheritance shares, tax obligations and the way assets are transferred. An approach that reconciles civil, tax and practical aspects is essential to limit risks and delays.
We at Studio Legale Crivello offer personalised international succession advice and work on drafting and verifying wills, choosing the applicable law and issuing the European Certificate of Succession. We coordinate with notaries, translators and foreign authorities for translations, legalisations and the necessary banking paperwork to access assets.
If you would like assistance with an EU succession, contact us: we will assess the documentation together, define the priority actions and follow the file until the relevant documents are issued. Our experience in cross-border cases reduces time and risks, protecting the rights of heirs and optimising the estate and tax implications.
