Many EU citizens may get affected by Regulation 650/2012 on International Successionsthat enters into force as of 17 August 2015. It has an advantage, regarding national legislation and will introduce a new principle and criteria for inheritance – the habitual residence of the dead grantor at the moment of his/her death will determine the applicable law. One should bear in mind the different inheritance legislation within the different EU member-states. For instance, there are significant differences at how cohabitees are treated as a reason for inheritance. The living husband or wife receives the whole inheritance, or most of it, while in France this share is fixed to ¼, no matter the number of children. Bulgaria uses only the first of the three forms – last will, joint will or an inheritance contract, while other countries use them all. In an interview for RB Deputy Chair of the Notaries with the Notarial Chamber Svetlin Mikushinksi explains the new rules.

“The main thing is that in fact we don’t have new inheritance legislation and all the internal heritage systems are preserved. The new thing is that a common for all member-states regulation will determine the applicable law, or which national law should be implemented in case of death – and habitual residence at the moment of the death will provide that.”

There might be difficulties, regarding the proving of the exact habitual residence, the expert goes on to say:

“The Regulation hasn’t set solid criteria here, as it is impossible, but the preamble provides landmarks. The important thing is not where the person resides longer, but where his or her economic interests are concentrated – the place where his business was developed, the place where he acquired property – it requires an analysis of his whole life over the past years, pointing at his final intentions. That should be done, as many citizens from one state work in another. This doesn’t make them persons with habitual residence in this third country, in the context of the regulation. If a Bulgarian works in Spain, but spends all holidays in Bulgaria, sending all his money here, then Spain cannot be his habitual residence. It will be, if his family has settled there and the kids go to a Spanish school – this shows other intentions and the Spanish law will be applicable in case of death.”

There is an option for a choice of the applicable law, different from the one, related to the habitual residence. According to the Regulation each person might select the law of the state, whose citizen he/she is at the moment of the choice or at the moment of death.

The ministry of justice has proposed a project for changes in the Civil Procedure Code that is to be approved by the parliament:

“It determines the court of competence, the procedure for issuing a European Certificate of Succession, who might submit it, where it can be appealed, what the change or ceasing options are for the certificate itself,” Deputy Minister Verginia Micheva-Ruseva explains. “According to our project, the regional court at the last permanent address of the dead person has the competence, in compliance with the regulation. If such an address doesn’t exist – the last one within the country is sought. If this one doesn’t exist as well, Sofia’s Regional Court takes over.”

Denmark, Ireland and the United Kingdom don’t take part in this European regulation. All inheritance cases in these three countries will be viewed in accordance with the national legislation only.

English version: Zhivko Stanchev