9 April 2026
In an international estate, the rights of someone who cared for the deceased may depend on the applicable law. A European judgment clarifies the treatment of the statutory legacy available to certain carers under Austrian law.
A right connected to the estate
On 26 March 2026, the Court of Justice of the European Union held that this legacy falls within succession matters. Its rules are closely connected to death: it exists without a will, is payable in addition to a reserved share and can only be withdrawn on grounds of disinheritance. It concerns care for which no gift or remuneration was provided.
Which court can hear the claim?
This classification brings the general jurisdiction rule in Article 4 of the European Succession Regulation into play: in principle, courts in the Member State where the deceased was habitually resident at death have jurisdiction over the estate as a whole. Where the heirs live therefore does not, by itself, determine the competent court.
The limits of the judgment
The decision does not create an automatic payment entitlement for every carer in France. It concerns the Austrian mechanism and does not decide the treatment of the assistance claim recognised under French law. A court’s jurisdiction and the existence of a right to payment are separate questions.
To prepare for an assessment, gather information about the deceased’s residence, any will, the care provided and any payments or benefits already received. A notary at the office can assess the applicable rules and the supporting evidence needed.
Sources: CJEU, 26 March 2026, C-618/24; Regulation (EU) No 650/2012, particularly Article 4.
The office does not contractually guarantee the accuracy or currency of this information. For advice tailored to your circumstances, please consult a notary at the office.
