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Dispositions of property upon death in private international law

Publication at Faculty of Law |
2017

Abstract

Forms of dispositions mortis causa permitted in national laws vary across the EU Member States and therefore in cross-border successions the law governing the admissibility and validity of a disposition of property upon death can be decisive as to whether a testator's will is going to be respected in the later succession proceedings. The article deals with the notion of disposition of property upon death as defined in the Succession Regulation, and its application to various types of both unilateral and multilateral dispositions of property upon death as provided for by Czech substantive succession law.

It analyses the provisions of the Succession Regulation on the determination of the law applicable to admissibility and validity of dispositions mortis causa, the extent and form of choice of law including its modification, revocation and binding effect in multilateral types of dispositions with respect to legal certainty of both the testator and the heirs. Attention is drawn also to the special conflict regime for admissibility and substantive validity of agreements as to succession.