What Changed
- The CJEU affirmed that the content of a European Certificate of Succession is variable and purpose-driven under Article 68 of Regulation 650/2012.
- The obligation to include specific property information applies regardless of universal succession rules or alternative local filing options.
- The Court clarified that evidentiary presumptions do not extend to certifying whether a specific asset belonged to the deceased's estate under Recital 71.
On 22 October 2026, the Court of Justice of the European Union (CJEU) issued its judgment in Case C-873/24, Marwanak (ECLI:EU:C:2026:887), interpreting Regulation (EU) No 650/2012 (the Succession Regulation). The ruling addresses whether an issuing authority must include details identifying estate property located in another EU Member State in a European Certificate of Succession ('Certificate') upon request.
The case arose from an application submitted to the Amtsgericht Fürth (Germany) by five heirs following the death of a testator habitually resident in Germany who owned real estate in the Czech Republic. The heirs requested the inclusion of specific property identification details in the Certificate to satisfy Czech land registry requirements. German courts initially rejected the request, prompting the Bundesgerichtshof to refer three questions to the CJEU.
The CJEU ruled that Article 68(1) of the Succession Regulation requires the issuing authority to include information identifying cross-border immovable property when the purpose of the Certificate—specifically, recording ownership in the destination Member State's land register—requires it. The Court emphasized that while Chapter VI of the Regulation establishes an autonomous regime defining minimum required content, the Certificate's actual content must adapt to its specific purpose to effectively protect the rights of heirs across borders.
The Court clarified that this obligation applies even if the governing succession law provides for universal succession, and even if national law permits land registration using supplementary documents alongside an incomplete Certificate. Although verifying property ownership may cause administrative delays or costs, issuing authorities may utilize EU information-exchange mechanisms and must refuse issuance if certified elements are challenged. However, the Court reiterated that under Recital 71, the Certificate's evidentiary presumption does not extend to certifying whether a specific asset actually belonged to the deceased.
Who May Be Affected
Heirs, estate executors, probate courts, land registries, and legal practitioners managing cross-border successions within the EU.
Cross-Border Context
Cross-border estate administration involving property located in an EU Member State different from the issuing authority's State under EU Succession Regulation 650/2012.
What to check next
- Review the full CJEU judgment in Case C-873/24 Marwanak (ECLI:EU:C:2026:887).
- Check national land registry filing requirements in EU Member States for cross-border estate transfers.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.