Where an estate right is automatically opened, as is the case in some Member States, that court should end the proceedings if the parties agree to settle the succession in the chosen member state by mutual agreement, amicably. Where an estate right is not automatically opened, this regulation should not prevent the parties from regulating the estate in a Member State of their choice, except in cases where the law of that Member State allows it, for example, before a notary. B by mutual agreement, with the exception of the courts, for example. B in front of a notary. This should also be the case where the law applicable to succession is not the law of that Member State. 1. A person may choose as a law for his inheritance as a whole the right of the state of which he is national at the time of the election or at the time of death. The law which, under this Regulation, governs the admissibility and material validity of a property order after death and, with respect to succession agreements, the binding effects of such an agreement, as between the parties, should be without prejudice to the rights of any person who, under the law applicable to the estate, , is entitled to a reserve action or any other right conferred on him by the person. whose estate is concerned, cannot be refused. 1. If it appears, in the context of proceedings before a court of a Member State exercising jurisdiction under Article 7, that not all parties to the proceedings participated in the for agreement, the Tribunal continues to exercise jurisdiction when the parties to the proceedings who did not participate in the agreement are not in dispute. 4. Where a person named in the certificate as having the right to obtain the estate property has that property for the benefit of another person, that other person, when acting on the basis of certified information in accordance with the certificate, is deemed to have acted with a person entitled to dispose of the estate in question, unless he knows that the contents of the certificate are not correct or do not know that inaccuracy because of gross negligence.
Under German inheritance law, only parents are considered heirs, i.e. persons with the same parents, grandparents or great-grandparents as deceased, as well as people who share more isolated common ancestors with the deceased.