The Deceased with Last Habitual Residence outside of the Czech Republic or when the Czech Courts have Jurisdiction to deal with International Estate
Abstract
The international jurisdiction rules in the Succession Regulation are a comprehensive regulation that leaves no room for the application of national rules or rules in international treaties. The only exceptions are the jurisdictional rules in certain bilateral legal treaties on legal assistance, which, according to Article 75, apply prior to rules in the Succession Regulation.
The jurisdiciton rules in the Succession Regulation also apply in cases where the deceased was a national of a third State or had his/her last habitual residence in its territory. They are formulated in such a way that the court of the EU Member State that has jurisdiction, shall in principle apply lex fori.
Thus, under certain conditions, where the law chosen by the deceased to govern succession is the law of a Member State, international jurisdiction can be transferred within the EU from the courts of the State where the deceased was last habitually resident to the courts of the Member State whose law was chosen.