Proposals to harmonise European succession laws will be kept simple and transparent, a senior European Commission official promised probate lawyers last week at a conference held on the day the UK assumed the presidency of the European Union.

The commission published a Green Paper in March this year on removing the difficulties that arise when dealing with cross-border estates because of the divergence in member states' rules. It accepted in the paper that 'harmonisation of the rules of substantive law in member states was inconceivable.'


Olivier Tell, director-general of freedom, security and justice, told the conference, organised by the Law Society and Society of Trust and Estate Practitioners: 'Two principles will guide the actions of the commission - transparency and simplicity. We do not wish to legislate for the purpose of legislating, but only where it will improve citizens' lives.'


He acknowledged that only the simplest rules would be accepted by the broadest range of practitioners.


But James Denker, private client partner at London firm Bircham Dyson Bell, warned that while the current system was imperfect, the Green Paper could make matters more confusing.


He said: 'It is useful to explore, but I reserve my views on how much is achievable. The rules in each country are linked to their history, culture and other aspects of law.'


Mr Denker said if agreement were possible, a 'habitual residence' test could be used to determine the applicable law, but added that such a term was yet to be defined.


Paul Matthews, consultant at City private client firm Withers, said: 'We have different rules because we have different lives and we must consider carefully the consequences of harmonisation.'


He continued: 'It is not enough to adopt the same rules. We must also adopt the same legal concepts across the union. It is more than a common law/civil law divide.'


However, Richard Frimston, partner at London firm Russell-Cooke, was more positive. 'Any change, however small, will make the position better. All round Europe people are dealing with the same problems. We have to make it clearer and simpler.' He said a testator should be able to make a choice as to which laws should apply, with a habitual residence test where no election was made.


Responses to the Green Paper are invited up to 30 September 2005.