The Regulation will apply to deaths that occur on and after 17 August 2015. This website uses cookies. by Practical Law Private Client with the assistance of Richard Frimston, Russell-Cooke LLP A checklist for a practitioner drafting a choice of law clause under the EU Succession Regulation (EU/650/2012) (also known as Brussels IV). Contact It is now widely understood that the broad effect of the EU Succession Regulation (EU SR) is to provide that a person’s estate both movable and immovable is universally to be subject to one law being that of the last habitual residence. For those individuals with assets in more than one country, various factors were considered by the courts in determining which succession law should apply. It covers points to check before drafting, drafting points and consequences of the testator's choice. If you are a national of an EU member state which has signed up to Brussels IV and you own assets in the UK, you cannot choose the law of your nationality to apply to the succession of your UK assets. Do EU succession regulations apply in the UK? Skip to content The default position can be overridden by an election in an individual’s will for the law of the individual’s nationality to apply instead. A choice of law under this Regulation should be valid even if the chosen law does not provide for a choice of law in matters of succession. The United Kingdom, Ireland and Denmark do not participate in the EU succession law. fill-rule: evenodd; fill-rule: evenodd; This authority will in most cases apply its own national law … fill-rule: evenodd; From that date all successions in Europe will be governed by this regulation, The UK has not opted in, but the Regulation will affect people living in the UK but who have property in EU countries. What are the current EU succession rules. Home Blogs } Finally, the regulation introduces the European Certificate of Succession. Inconsistency with Swiss Conflict-of-Law Rules. Regulation (EU) No 650/2012 (the Succession Regulation) applies from 17 August 2015 across most EU Member States to testate and intestate successions. Since 2015, the EU succession rules are contained in Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012. EU Succession Regulation Applicable Law / Choice of Law Choice of the law of nationality as the applicable succession law is still valid under the Regulation even though the chosen law does not itself provide for such a choice (Recital 40) Only law of nationality can be chosen, not habitual residence. In the context of Polish reprivatisation cases, the best choice is Polish law. The EU Succession Regulation now in force – how will it affect you? Susie, a UK national, lives and is domiciled in England and owns a holiday home in France makes a will dealing with her French property, in which she chooses English law to apply to the succession of her estate as a whole. Where the Regulation applies, when an individual dies, the default position is that the law applicable to the succession of that individual’s estate, regardless of where the assets in their estate are situated, and whether moveable or immoveable, will be the law of the country where the individual was habitually resident at the time of their death. .cls-1 { All rights reserved. fill-rule: evenodd; However, the English courts are unlikely to accept this and will apply English intestacy law to the English property because it is immoveable property located in England.  |  You may also wish to view our Wills and Inheritance Planning page. In this case, France should apply the rules in the Regulation and English law should apply in relation to the succession of her whole estate, including her French property. fill-rule: evenodd; .cls-1 { 83 sec. Should you require specific advice in relation to personal circumstances, please use the form on the contact page. Authorised and regulated by the Solicitors Regulation Authority, registration number 500046. In some instances, the Regulation allows one to choose a different law from the law of last habitual residence to govern one's succession as a whole. Known formally as EU Succession Regulation No.650/2012 and nicknamed ‘Brussels IV’, the regulation will apply to citizens of EU member states, except for the UK, Ireland and Denmark, who have opted out. Site Map. Individuals have a certain degree of freedom in making a choice of law. .cls-1 { The fact that the different jurisdictions applied different tests could often lead to a complex conflict of laws. This is because the UK chose to opt out of this Regulation. What does the Regulation do? .cls-1 { All EU member states have signed up to the Regulation with the exception of the UK, Ireland and Denmark. 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 Home You will find information about the new EU succession rules on this website. Denmark and Ireland do not participate in the regulation.  |  fill: #3c3c3b; } He dies without having made a will. The EU Regulation on Succession Law (No. You can choose the law of your country of nationality to apply to your inheritance Your inheritance also know legally as succession will usually be handled by an authority - often a court or a notary – in the EU country where you last lived. If you are an heir, you may need to prove to an authority or a bank in another EU country that you are entitled to the ownership of the deceased's assetslocated there. This is determined at the time of making the choice or at the time of death. Please click on the relevant country flag on this page to consult the information sheets on national succession law and procedures in each Member State.  |  If you own a property in the EU or have other connections there, then the answer to that question may have changed on 17 August 2015 when the EU Succession Regulation (also known as Brussels IV) came into force. Regulation (EU) No 650/2012 of the European Parliament and of the Council Show full title. Regulation (EU) 650/2012 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. As John died habitually resident in France, France will apply French law, including its forced heirship rules, to both the English and French real estate. It should however be for the chosen law to determine the substantive validity of the act of making the choice, that is to say, whether the person making the choice may be considered to have understood and consented to what he was doing. Instead of having the law of one's last habitual residence apply, a person can elect in his or her will to have the law of his or her nationality govern his or her worldwide estate. This will lead to uncertainty and potential dispute if John had wanted to override French forced heirship rules for his English property. Determination of applicable law and choice of applicable law under the European Union Succession Regulation. © Kingsley Napley LLP. The Regulation only uses the term to cover the initial referral which a third state may make to the law of a member state or another third state i.e. The courts of the participating Member State in which the deceased died habitually resident have jurisdiction in succession matters, but the courts of the participating Member State of his nationality may have jurisdiction if a … The EU Succession Regulation (EU 650/2012) (“the Regulation”) known as Brussels IV applies to all deaths on or after 17th August 2015. The free flow of persons is one of … Should you have any questions about the issues raised in this blog, please contact a member of the private client team. } Accessibility, Need Urgent Assistance? } From 17 August 2015, the EU Succession Regulation (also known as Brussels IV) (the Regulation), became binding in all EU member states – except for the UK, Ireland and Denmark. Moveable or immovable made today due to the law of the European Parliament and of the testator choice... 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