Concept
When the deceased and heirs are connected to different countries, the first question is which law governs the succession at all. The answer determines who inherits, in what shares, and whether forced heirship applies.
The basic fork: movable property usually gravitates toward the law of the deceased's last domicile or habitual residence, while immovable property follows the law of the country where it is located (lex rei sitae). Therefore, a single estate may be "split" between several legal systems.
🍓 Movables—as a rule, the law of domicile or habitual residence; immovables—the law of the country of location (lex rei sitae). In the EU, Regulation 650/2012 allows choosing the law of nationality for the entire EU estate.
EU Regulation 650/2012 (Brussels IV)
Since 2015, Regulation 650/2012 has unified conflict-of-law rules for most EU countries. By default, the law of the country of the deceased's habitual residence at the time of death applies to the entire estate—as a single block, without splitting.
Professio juris—Choice of Law
Article 22 provides a key option: in a will, one can expressly choose the law of the country of one's nationality (at the time of choice or at the time of death). This allows, for example, a citizen of a common-law country to subject their EU estate to a law without forced heirship.
⚙️ Choice of law (professio juris) must be expressly stated in the will. Denmark and Ireland are not bound by the Regulation, but their nationals may choose their own law for assets in participating countries.
Where Choice Does Not Help
Lex rei sitae for immovable property and the public policy of the forum remain limiting factors. A court may refuse to apply the chosen law if the result is "manifestly incompatible" with its public policy—although the mere absence of forced heirship is usually not considered such a violation.
Practical Conclusion
🔗 Related
Succession Navigator · Succession Planning · Forced Heirship · Wills in Multiple Jurisdictions · Estate Tax and US-Situs
Cross-border succession requires a map of jurisdictions: where the assets are, where the habitual residence is, what nationality applies. On this map, wills are built (sometimes separate for each country) and the choice of applicable law is made.
💡 The interactive Succession Navigator helps you understand your situation.
This material is for informational purposes only and does not constitute individual legal advice.
Key factual claims
- Since 2015, Regulation 650/2012 has unified conflict-of-law rules for most EU countries.
- Article 22 provides a key option: in a will, one can expressly choose the law of the country of one's nationality (at the time of choice or at the time of death).