Inheritance is the practice by which a person receives property from the estate of a deceased person, whether by the laws of inheritance or as a beneficiary of a will or trust. In Romania, the succession law principles and its procedure are included in the Romanian Civil Code. If you are a foreign citizen and you need legal assistance in an inheritance case, you can consult the Hammond & Partners, an international lawyers firm in Romania.
A brief overview of the inheritance law principles for foreigners
In 2012, the European Union Regulation no. 65 came into force and since then, people still wonder whether its provisions have any priority over the provisions of the Romanian Civil Code. In practice, both Romanian and foreign citizens have to follow the provision of Romanian law regarding legal and testamentary inheritance, with respect to property located in Romania. However, there are some things that need to be taken into account, because Romanian inheritance law extends into other jurisdictions in more subtle ways than you would expect. The law of lex situs, which is different to the succession law in many other jurisdictions, applies in the cases of real estate and bank accounts. As for shares, the Romanian law will apply to the extent that it does not contravene any conventions of an agreement. It is important to know that even if the deceased has left a testamentary document, its terms may be overridden by the provision of the Romanian law.
How can a lawyer help you?
The procedure is not as easy as it may seem. There are some nuances that only a lawyer can help you with. Since foreign citizens are also subject of the Romanian inheritance law, you have to consult lawyers in Romania for assistance in inheritance cases. A lawyer shall inform you with respect to your legal rights and obligations and can assist the testator in drawing up a will which will later be notarized. The experts at Hammond Partnership will guide and assist you throughout the entire process.