Post by ronturner on Mar 8, 2012 8:11:17 GMT 1
It seems strange to me that Britain goes along with some damaging EU legislation and opts out of others which could make life simpler for us all at no disadvantage to the rest.
Britain has opted out of a system allowing choice of inheritance law to be applied at the time of death. I bet there is a treasury angle somewhere. Maybe Brits pay more than others in death duties
See:-
EU citizens living in a different country than their own will be able to choose which legislation applies when their heirs settle legal inheritance matters, effectively preventing legal disputes between courts.
The legislation represents big progress for European citizens, said centre-right German MEP Kurt Lechner, in charge of the report, which was adopted unanimously by the European Parliament’s legal affairs committee.
”It’s a big step forward for the testator, who will be able to exercise his freedom to deal with his succession, and a huge simplification for the heirs,” said Lechner.
In a nutshell, citizens leaving in another EU member state will be able to state in a so-called European Certificate of Succession which national system they want their inheritance to go through in order to safeguard the rights of heirs, as well as other parties, such as creditors.
The UK has opted out of this mechanism.
This could have been useful for some Brits living in France, for example (Not me actually) because French law prescribes specifically who can and can not inherit. For example it is not possible to dis inherit your children even if they have been rotten to you in your life: you cannot leave differing portions of the inheritance to your children. Children have huge rights even to the extent of taking over all of your property and leaving your spouse out on a limb and technically homeless, Actually there are safeguards that can be put in place in the case of your spouse, but you have to be pro active to ensure this happens.
Life is strange.
Britain has opted out of a system allowing choice of inheritance law to be applied at the time of death. I bet there is a treasury angle somewhere. Maybe Brits pay more than others in death duties
See:-
EU citizens living in a different country than their own will be able to choose which legislation applies when their heirs settle legal inheritance matters, effectively preventing legal disputes between courts.
The legislation represents big progress for European citizens, said centre-right German MEP Kurt Lechner, in charge of the report, which was adopted unanimously by the European Parliament’s legal affairs committee.
”It’s a big step forward for the testator, who will be able to exercise his freedom to deal with his succession, and a huge simplification for the heirs,” said Lechner.
In a nutshell, citizens leaving in another EU member state will be able to state in a so-called European Certificate of Succession which national system they want their inheritance to go through in order to safeguard the rights of heirs, as well as other parties, such as creditors.
The UK has opted out of this mechanism.
This could have been useful for some Brits living in France, for example (Not me actually) because French law prescribes specifically who can and can not inherit. For example it is not possible to dis inherit your children even if they have been rotten to you in your life: you cannot leave differing portions of the inheritance to your children. Children have huge rights even to the extent of taking over all of your property and leaving your spouse out on a limb and technically homeless, Actually there are safeguards that can be put in place in the case of your spouse, but you have to be pro active to ensure this happens.
Life is strange.
