Rules regarding probate

9.11.2017

Question for written answer E-006914-17
to the Commission
Rule 130
Emma McClarkin (ECR)

I write on behalf of a constituent who has raised concerns about the jurisdiction of probate rulings by courts within the European Union. I understand that UK law was chosen as that applicable to the will in the case of my constituent’s recently deceased wife.

My constituent informed me that he has recently been granted probate, by a British Court, as the sole inheritor of his deceased wife’s estate. My constituent understands that the ruling should have jurisdiction across all EU Member States, given the number of Commission directives and regulations on this issue.

The estate in question is split across the UK and the Republic of Ireland. The investment company in the Republic of Ireland informed my constituent that they did not recognise the ruling of a British Court. They added that, to access the estate, my constituent would require a probate ruling from an Irish Court.

What provisions are there to ensure that my constituent is not required to obtain duplicate probate rulings across the EU at his considerable expense and that these rulings are enforced across all Member States?