Czech-French Inheritance Proceedings

For the settlement of a Czech-French inheritance proceedings, it is essential to determine the applicable law and the competent court. All questions concerning the applicable law and the competent court in inheritance proceedings opened after 17 August 2015 are governed by the directly applicable European Regulation No. 650/2012.

The European Regulation provides that the courts of the EU Member State in which the deceased was habitually resident at the time of death have jurisdiction over the whole inheritance - these courts also have jurisdiction over any property located in another EU Member State.

The court or notary so appointed will then determine the applicable law governing the inheritance proceedings. The Regulation provides that the law applicable to the whole estate is the law of the State in which the deceased was habitually resident at the time of death. However, if it appears from all the circumstances that at the time of death the deceased clearly had closer links with another State, the law of that State may be applicable instead.

The deceased may also choose in his will that the law applicable to his succession shall be the law of the country of his nationality. If the law so chosen is not the law of the jurisdiction which has been established under the European Regulation for the settlement of the succession, the succession may, under certain conditions, be transferred to the jurisdiction of the State whose law is so applicable.