Jurisdiction and applicable law in succession matters and European Certificate of Succession Regulation (EU) No 650/2012 on matters of succession and on the creation of a European Certificate of Succession It provides legal certainty to beneficiaries of international successions, avoids conflicting decisions and simplifies proceedings. It thus makes it easier for beneficiaries in another EU country to enjoy the rights which have been granted or […]
Location of Intangibles Intangible assets give rise to difficulties. Difficulties arise in relation to the situation of intangible assets. The situation l depends on the class of asset concerned. An intangible asset is usually situated where it can be recovered or enforced. Generally intellectual property rights are situated where they are registered. Shares are situated where registered. It is normally the place where the register […]
Where a person dies his assets vest in his personal representative. This may be the executor appointed by will or an administrator, generally the person with the greatest entitlement to the net assets. The conflict of law rules differ depending on the type of asset concerned. Generally, succession to immovable goods is determined by the law of the place in which they are situated. In […]
Modern Registrars In modern times, technology and the drive for a more efficient system for holding shares have fundamentally changed the means by which shares are held in public companies and in some private companies. Many transfers are effected by electronic entries in a securities account. Most publicly traded securities have been dematerialised. Where not dematerialised, many have been immobilised by the lodgement of the […]
Personal Enforcement of Trust The Irish courts may enforce a trust relating to foreign immovable property where the defendant is within the state. They may decide whether there a valid trust over it exist. There may be injustice if the Irish equitable rules are enforced. Accordingly, the rules may be relaxed if the relationship between that foreign claimant and defendant arose under foreign law and […]
Movables Conflict of laws distinguish between movable and immovable property. Generally, immovable property is governed by the law of the place where it is situated. This determines such matters as the nature of the property rights and their transfer and inheritance. Issues as to the right to possession and ownership of tangible movable property are decided by the law of where the property is situated […]
Property General Property includes land and buildings, movable items, and intangible property such as shares, debts, trademarks, copyrights, etc. There are three broad classifications: moveable, immovable and intangible. Conflict of laws distinguish between movable and immovable property. Movables are divided into tangible and intangible property. The former are physical objects, and the latter are in the nature of claims that must be asserted generally by […]
EU Regulation The EU Regulation on Succession Law, known as Brussels IV, became law in August 2015. It provides a uniform system of recognition of succession laws based primarily on the deceased’s habitual residence. No distinction is made between movable assets and immovable assets. The Regulation governs the conflict of law rules for succession, both testate and intestate, between EU States who are bound by […]