Q&As

In light of Regulation (EU) No 650/2012 (Brussels IV), is it possible for X, who owns property in both the UK and France, to make one universal Will but with the following features and aims: the Will contains a declaration that English law is to govern the Will; two separate executors, A and B, are appointed under the Will; A will administer UK situs property and B will administer only French situs property? B is the intended beneficiary of the French property and it is intended that English law govern the succession to the whole of X’s estate, including the French property.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 06 May 2016
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The European Succession Regulation No. 650/2012 (known as 'Brussels IV') is a European regulation designed to simplify succession planning where there is an international aspect to the estate. It applies to the estates of anyone who dies after 17 August 2015 in any EU state except for Denmark, Ireland and the UK, who have each opted out. The fact of the opt-out does not however mean that Brussels IV is irrelevant to UK succession

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Declaration definition
What does Declaration mean?

A remedy consisting of a binding declaration of the rights or obligations of a party.

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