The Inheritance of Ukrainians and the International Jurisdiction of the EU Member States

Abstract

The relevance of the research topic is due to the possibility of considering cases concerning the inheritance of Ukrainian citizens by the courts of EU member states, especially if the heirs reside in these countries. In addition, the current stage of development of Ukrainian law is characterised by the harmonisation of national legislation with the Acquis Communautaire, so an analysis of the rules of EU private international law may be useful for understanding how the rules of private international law will work’ in Ukraine. The purpose of the article is to determine the likelihood of EU courts hearing cases concerning the inheritance of Ukrainian citizens. The author uses systematic and predictive methods of scientific research. Based on the provisions of Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession, it is analysed whether the courts of EU Member States will have jurisdiction to decide cases concerning the inheritance of Ukrainian citizens.

A conclusion has been made regarding the peculiarities of the jurisdiction of Member States to make decisions on inheritance in various situations: 1) if a citizen of Ukraine had their habitual residence in that Member State at the time of death; 2) in cases where the testator had the citizenship of Ukraine and a Member State, but did not have a habitual residence in a Member State at the time of death; 3) if the testator, a citizen of Ukraine, did not have a habitual residence in a Member State at the time of death; 4) if the testator was a citizen of Ukraine who did not have its citizenship and never had their habitual residence there; 5) with regard to objects located in Ukraine, if at the time of death the testator was not a citizen of Ukraine but had citizenship or habitual residence in that Member State.

How to Cite

In accordance with DSTU 8302:2015:
Диковська І. Спадщина українців та міжнародна юрисдикція держав-членів ЄС. 2025. № 3 (6). С. 15-27. https://doi.org/10.69724/2786-8834-2025-6-3-15-27

According to the international style of APA:
Dikovska, I. (2025) The Inheritance of Ukrainians and the International Jurisdiction of the EU Member States. С. P. Journal, 3 (6). https://doi.org/10.69724/2786-8834-2025-6-3-15-27 [in Ukrainian].

References