An EU instrument on successions : a comprehensive study of its implications

Abstract

The European area has been striving to promote an area of Freedom, Security and Justice for a considerable number of years. With this aim in mind, it has come up with a vast number of initiatives including conventions, directives and regulations, striving to bring a certain amount of stability in this geographical area. Some have been successful while others were less effective. This recent decade has seen the push towards regulation of the area of successions and wills within the European Union. Throughout the years, the vast number of legislative instruments which have been put forward have been successful only to a certain extent. The Proposal which has been put forward by the European Commission in October of 2009 seeks to provide a much needed base regulation on the issues relating to Jurisdiction, Applicable Law, enforcement of Judgements and a common certificate of inheritance in relation to the matters of wills and succession in the European Area. This thesis was aimed at studying the impact that such an instrument can have on the Union. The first chapter discusses the history and origin of this proposed regulation. Subsequent chapters also highlight the major distinction between the Common Law and Civil Law jurisdictions which has proven to be one of the toughest hurdles and this has been one of the issues which has been given the blame to most of the problems which have arisen in relation to the application of this new regulation. Chapter three is a study of the present Proposal, highlighting its major points and briefly analysing the impact that the provisions can produce. This study and analysis is carried on to chapter four where the study of the benefits and the challenges which arise from this Proposal is taken to a deeper level. The main problems of the Proposal are highlighted and in some cases, solutions are offered. Finally, the thesis also analysis, in a brief manner, the impact such a regulation can have on the Maltese Scenario. By delving into the essence of the Maltese Legal system, one can see the effect that such a legislative instrument can have on the local scenario.