Chapter 32: EFFECTS OF THE EU SUCCESSION REGULATION ON WILLS AND SUCCESSIONS CONNECTED WITH THE UNITED STATES
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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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