ABSTRACT
Deceaseds’ estates increasingly have an international dimension with more and more people working or retiring abroad or purchasing foreign assets. In Civil Law States, as a general rule, the beneficiaries stand in the shoes of the deceased and take over his property and his personal liabilities unless they disclaim their interests within a certain period during which the deceased’s solvency needs to be assessed so far as possible. The principle of schism, whereby one law governs succession to movables and the lex situs governs succession to immovables, was rejected in favour of the principle of unity whereby one law governs succession to the whole of D’s estate. Civil Law States are particularly keen to extend the Convention to cover matters which Common Law States consider to relate to administration of estates as distinct from succession to estates.
