CHAPTER VI

EUROPEAN CERTIFICATE OF SUCCESSION

Application for a Certificate
Article 65
1
The Certificate shall be issued upon application by any person referred to in Article 63(1) (hereinafter referred to as ‘the applicant’).
2
For the purposes of submitting an application, the applicant may use the form established in accordance with the advisory procedure referred to in Article 81(2).
3
The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 66(2):
a
details concerning the deceased: surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable), address at the time of death, date and place of death;
b
details concerning the applicant: surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable), address and relationship to the deceased, if any;
c
details concerning the representative of the applicant, if any: surname (if applicable, surname at birth), given name(s), address and representative capacity;
d
details of the spouse or partner of the deceased and, if applicable, ex-spouse(s) or ex-partner(s): surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable) and address;
e
details of other possible beneficiaries under a disposition of property upon death and/or by operation of law: surname and given name(s) or organisation name, identification number (if applicable) and address;
f
the intended purpose of the Certificate in accordance with Article 63;
g
the contact details of the court or other competent authority which is dealing with or has dealt with the succession as such, if applicable;
h
the elements on which the applicant founds, as appropriate, his claimed right to succession property as a beneficiary and/or his right to execute the will of the deceased and/or to administer the estate of the deceased;
i
an indication of whether the deceased had made a disposition of property upon death; if neither the original nor a copy is appended, an indication regarding the location of the original;
j
an indication of whether the deceased had entered into a marriage contract or into a contract regarding a relationship which may have comparable effects to marriage; if neither the original nor a copy of the contract is appended, an indication regarding the location of the original;
k
an indication of whether any of the beneficiaries has made a declaration concerning acceptance or waiver of the succession;
l
a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified;
m
any other information which the applicant deems useful for the purposes of the issue of the Certificate.