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PROBATE PROCEEDINGS IN CROSS-BORDER CASES

Writer's picture: Law Offices Dr. F. SchwankLaw Offices Dr. F. Schwank

Updated: Jan 30

Due to the steadily increasing mobility of EU citizens beyond the borders of their own home country and the associated transfer of assets to other EU member states or third countries, as well as the simplified acquisition of real estate in other EU countries, the occurrence of cross-border inheritance cases is becoming an increasingly frequent phenomenon.


 In the event of an international succession, the question shall be clarified, 


  • in which of several “involved” EU member states probate proceedings will be opened and dealt with

  • which court has jurisdiction, and 

  • how to proceed with regard to the recognition and enforcement of decisions made abroad. 


The handling of such international inheritance cases can pose considerable difficulties for all parties involved. Not only language barriers, but also differences in the handling of probate proceedings in other EU member states, as well as in third countries, can lead to enormous delays and huge financial costs for all parties involved.


In order to avoid lengthy and costly disputes in court in advance, obtaining legal advice from an experienced lawyer is recommended.



Picture (c) Law Offices Dr. Schwank
Picture (c) Law Offices Dr. Schwank

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