# Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, Article 26: Substantive validity of dispositions of property upon death

Extent: E+W+S+N.I.

1. For the purposes of Articles 24 and 25 the following elements shall pertain to substantive validity:
(a) the capacity of the person making the disposition of property upon death to make such a disposition;
(b) the particular causes which bar the person making the disposition from disposing in favour of certain persons or which bar a person from receiving succession property from the person making the disposition;
(c) the admissibility of representation for the purposes of making a disposition of property upon death;
(d) the interpretation of the disposition;
(e) fraud, duress, mistake and any other questions relating to the consent or intention of the person making the disposition.
2. Where a person has the capacity to make a disposition of property upon death under the law applicable pursuant to Article 24 or Article 25, a subsequent change of the law applicable shall not affect his capacity to modify or revoke such a disposition.

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Source: https://www.legislation.gov.uk/eur/2012/650/article/26 (the official version)
Page: https://openlegislation.uk/eu-regulation-2012-650/article-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.