In pursuing the goal of enhancing, to the extent possible, a
consistent and harmonious treatment of cross-border successions,
Regulation (EU) No 650/2012 takes into account, from several
viewpoints, the case of successions involving contacts with third
States. This report offers an outlook on the possible effects of the
Regulation on the estates of United States nationals and residents,
and/or the estate assets situated in the United States. Notably, it
highlights instances where the effects of Regulation (EU) No
650/2012 on wills and successions connected with the United States
may to some extent prove challenging. It illustrates that the use
made by the Regulation of renvoi, on the one hand, and the possible
misalignment, with respect to the administration of the estate, of
the lex successionis and the lex fori, as well as between the lex
successionis and the lex situs, on the other hand, may prove
problematic. However, as the report underscores, the truly critical
point in the relationship between the Regulation and cross-border
successions having connections with the United States lies in
Article 12 of the Regulation and the prognosis that the court seised
under the Regulation is required to make as to the future
circulation of its judgment.
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