Providing the testator with the relevant legal advice is instrumental in enhancing the validity of his/her will. Disputes arise out of a succession between the heirs, in particular if a) the formal or substantial validity of the disposition of property upon death is called into question, b) the disposition of property upon death is allegedly prejudicial to the persons entitled to a reserved share, c) the administration of the estate leads to a confrontation of the persons involved, d) the liability for the debts under the succession undermines the succession. Addressing these issues in an accurate and timely way is crucial.
The entry into force of the Regulation 650/2012 has reshaped the legal framework of international successions. The main rule is the application of the law of the testator’s last habitual residence, but the testator can choose the law of his/her nationality.
It is not unusual that succession issues are intertwined with questions of company law (for instance regarding the continuation of the company between the heirs or the transfer of shares to the heirs). A legal opinion of ours on that score has been recently reckoned with by the Supreme Court.
Publications related to succession:
- The Testamentary Succession in Private International Law, (in Greek), Thessaloniki 1994
- The right to a reserved share and public policy in private international law (in Greek), Festschrift Georgios Koumantos, 2004, 41-62
- La professio juris dans les successions internationales, Mélanges Paul Lagarde, Paris 2005, 803-816.
- Das auf die Vererblichkeit von Anteilen an einer Kapitalgesellschaft anzuwendende Recht (im Hinblick auf die EuErbVO), ZfRV (Zeitschrift für Rechtsvergleichung) 2016, 75-79.
- The law applicable to the succession according to Regulation 650/2012 (Rome IV), Armenopoulos 2014.377-39.
- The choice of law applicable to the succession by the successor according to Regulation 650/2012, Nomiko Vima 2015. 1417-1430.