The ‘wills and succession’ exclusion from the recast Brussels Regulation

Jurisdiction over 'wills and succession' matters is excluded from the Brussels Regulation 44/2001 and the Recast Regulation 1215/2012 on Jurisdiction and the Recognition & Enforcement of Judgments in Civil and Commercial Matters, and is now covered by the Succession Regulation 650/2012. The High Court in Winkler v Shamoon [2016] EWHC 217 (Ch) treats whether or not a lifetime gift of the deceased's property was valid as a 'succession matter', not a 'civil or commercial matter', merely because it affects whether the deceased's heirs inherit such property. Can all third-party claims against a deceased's estate that affect the size of the estate to be inherited really be treated as matters of succession within the Succession Regulation simply because of their incidental effect on what the deceased's heirs will inherit?