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 LexisPSL on 06/05/2016

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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.

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.

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 planning.

The purpose of Brussels IV is to prevent the common situation whereby there is a clash of governing law depending upon where an asset is situated. Many European countries have codified provisions which strictly govern how the bulk of an estate should pass. This contrasts to the system in

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