The proof of heir status in italy: a fresh dive into the debate on the notaries consideration as 'courts' under article 3 (2) of Regulation 650/2012

Abstract

In the Italian legal system, there are various methods for establishing one's status as an heir, such as the “atto di notorietà” issued by a notarial authority. This raises the contentious issue of whether such notaries should be considered “courts” within the scope of Article 3, second paragraph of Regulation 650/2012. The implications of including notaries under the term “court” for international judicial competence do not appear trivial, especially given that Italian notaries, as non–judicial authorities with jurisdiction over succession matters, would become bound by the international judicial competence rules of the Regulation, despite domestic legislation providing broader territorial forums. The consequences also extend to the realm of recognition and enforcement, as the document
issued by the authority would traverse various Member States as a judgment rather than a public document. Lastly, this work's final section assumes a proactive stance and delves into the development of a legal instrument that facilitates the straightforward, efficient, and legally secure establishment of one's heirship status, not only within the issuing country but also across other Member States.