Q&As

Does Regulation (EU) 650/2012, known as the Succession Regulation (or Brussels IV) permit signatory states to apply their own private international succession laws to make referrals to other states or is a signatory state which is identified as that of the applicable law by the Succession Regulation required to apply only its own domestic law to the succession?

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Published on LexisPSL on 07/05/2021

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Does Regulation (EU) 650/2012, known as the Succession Regulation (or Brussels IV) permit signatory states to apply their own private international succession laws to make referrals to other states or is a signatory state which is identified as that of the applicable law by the Succession Regulation required to apply only its own domestic law to the succession?
  • Applicable law
  • Renvoi

Does Regulation (EU) 650/2012, known as the Succession Regulation (or Brussels IV) permit signatory states to apply their own private international succession laws to make referrals to other states or is a signatory state which is identified as that of the applicable law by the Succession Regulation required to apply only its own domestic law to the succession?

This Q&A assumes that the individual concerned died habitually resident in a signatory state, namely Malta.

The main purpose of Regulation (EU) 650/2012, known as the Succession Regulation (SR) or Brussels IV, is to ensure that there is one forum dealing with succession of a deceased individual's estate and that there is one law and one law only that determines how the estate as a whole is dealt with. The SR purports to clarify

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