The new EU regulation, which applies to successions opened from 17th August 2015, creates the European Certificate of Succession, which is a document intended to prove the relevant circumstances of a succession within the member states (all of the EU apart from the U.K, Ireland, and Denmark).

It is not a mandatory document but can be useful to demonstrate the status and/or rights of each heir or legatee, as well as their share in the estate, or the powers of the estate executor.

The Certificate also demonstrates the attribution of specific asset/s to the heirs or legatees and demonstrates the powers of the person mentioned in the certificate to execute the will or administer the estate.

It will be issued by the competent authority of the member state which has jurisdiction, as previously explained, upon application by an interested party completing the required form, according to the regulation.

In Spain, the competent authority will be the court that is dealing with the succession, or a public notary if the succession is not being handled by a court.

Once issued, the Certificate shall be presumed to accurately demonstrate the issues stated above.

It can be rectified, modified or withdrawn in case of errors.

The issuing authority will keep the original certificate and will issue certified copies with a validity of six months.