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Succession - Estonia


FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Estonia

Family law – succession matters


Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

Article 78 (d) - the redress procedures referred to in Article 72

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

In Estonia, county courts possess the competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) of the Regulation. There are four county courts in Estonia: Harju, Pärnu, Tartu and Viru County Courts. The contact information of the county courts is available on the courts’ Link opens in new windowwebsite.

In Estonia, district courts possess the competence to deal with appeals against decisions on applications for a declaration of enforceability in accordance with Article 50(2) of the Regulation. There are two district courts in Estonia: Tallinn District Court and Tartu District Court. The contact information of the district courts is available on the courts’ Link opens in new windowwebsite.

Appeals to district courts are filed through the county court whose ruling is contested in the appeal.

As a court of second instance, Tallinn District Court hears appeals against decisions of Harju and Pärnu County Courts. As a court of second instance, Tartu District Court hears appeals against decisions of Tartu and Viru County Courts.

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

In Estonia such proceedings are under the jurisdiction of the Supreme Court. A district court ruling may be contested by filing an appeal to the Supreme Court. An appeal against a ruling may be based solely on the fact that, when making the ruling, the district court incorrectly applied a provision of substantive law or was in grave breach of a provision of procedural law and this fact could have resulted in an incorrect court decision.

Contact information is available on the Link opens in new windowwebsite of the Supreme Court.

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

In Estonia European Certificates of Succession are issued by notaries, in accordance with Article 64 of the Regulation. The up-to-date contact information of all notaries that have been appointed in Estonia is available on the Link opens in new windowwebsite of the Chamber of Notaries, or through the Find a notary functionality.

Article 78 (d) - the redress procedures referred to in Article 72

In Estonia such proceedings are under the jurisdiction of county courts.

To contest a European Certificate of Succession issued by a notary, a petition must be filed to the county court in whose jurisdiction the notary who issued the European Certificate of Succession is located. The county court will issue a judicial decision regarding the petition.

A county court decision may be appealed to a district court, and the district court's decision on the appeal may in turn be appealed to the Supreme Court.

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

There are no such authorities in Estonia.


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 26/02/2019