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EU private client update: Law Society position papers

The Law Society has published position papers in response to EU consultations on property rights of international couples and succession.

EU proposals on property rights of international couples

On 29 July 2011 the Society set out its position on the European Commissions proposed regulations on property rights of international couples dated 16 March 2011. The Law Society welcomes and supports moves to simplify cross-border rules and to resolve disputes over which laws apply to a couple’s assets. However there are a number of significant issues that need to be addressed for the proposals to provide concrete benefits for citizens. On 30 June 2011 the UK decided not to participate at this stage.

Proposal for a regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
Download (PDF, 96kb)

Proposal for a regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.
Download (PDF, 151kb)

EU proposals on succession

In November 2009 the Society set out its joint position on the European Commission proposed regulation on succession dated 14 October 2009. The Society welcomes and supports moves to simplify cross-border rules and resolve disputes over which laws prevail on death. However there are a number of significant concerns that need to be addressed. For example that of 'claw-back' in relation to life-time gifts. On 16 December 2009 the UK decided not to participate at this stage. The European Parliament Legal Affairs Committee is due to vote in October 2011.

Proposal for a regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession.
Download (PDF, 181kb)