Cap. 16 Art. 958ECompetence.

(1) The Civil Court (Voluntary Jurisdiction Section) shall be competent to issue a European Certificate of Succession in all cases.

(2) A notary may only issue a European Certificate of Succession where all the beneficiaries of the succession are in agreement on the contents of the certificate and have expressed their consent in writing to the notary to proceed with the issue of the certificate.

(3) A notary shall not issue a European Certificate of Succession:

(a) where an application for the issue of such a certificate concerning the succession of the same person has been made to the Civil Court (Voluntary Jurisdiction Section) prior to the issue of a certificate;

(b) where the agreement of all the beneficiaries of the succession in accordance with sub-article (2) has not been attained; or

(c) where the notary is aware that there is a dispute concerning the inheritance or estate or parts of the estate of the deceased.

(4) In the cases referred to in sub-article (3), the notary or an advocate may, on the request of any person referred to in Article 63(1) of the Succession Regulation, make an application to the Civil Court (Voluntary Jurisdiction Section) on behalf of such person for the issue of a European Certificate of Succession.

(5) For the purposes of this article, "beneficiaries of the succession" means the known heirs and legatees of the succession, and if any, the testamentary executors.