Will drafting—applying the EU Succession Regulation
Produced in partnership with Michael Wells-Greco and Sophie Hart of Charles Russell Speechlys
Will drafting—applying the EU Succession Regulation

The following Wills & Probate practice note produced in partnership with Michael Wells-Greco and Sophie Hart of Charles Russell Speechlys provides comprehensive and up to date legal information covering:

  • Will drafting—applying the EU Succession Regulation
  • Putting the Succession Regulation (otherwise known as Brussels IV) into context
  • What is international succession?
  • What is the problem?
  • The Succession Regulation
  • Where does the Succession Regulation fit in?
  • When did the Succession Regulation become applicable across participating Member States?
  • Who does the Succession Regulation apply to?
  • What is the scope of the Succession Regulation?
  • Which court has jurisdiction?
  • More...

Will drafting—applying the EU Succession Regulation

Overview
Regulation (EU) No 650/2012 (the Succession Regulation) applies from 17 August 2015 across most EU Member States to testate and intestate successions.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 valid choice of court election is made. There is provision for subsidiary and exceptional jurisdiction.
The Succession Regulation can affect individuals’ estates if they have any connection to any of the participating Member States in which the Succession Regulation has direct application. This includes individuals resident in the UK, Ireland, Denmark or resident outside the EU.The law of the state (not necessarily a Member State) in which the deceased died habitually resident will apply to succession matters, unless the deceased was manifestly more closely connected with another state or had chosen to apply the law of the state of his nationality.
The Succession Regulation coexists with existent treaties on succession law. Precedence is only given to the Succession Regulation if those treaties have been concluded exclusively between participating Member States.A decision made in one participating Member State will be recognised automatically (and in most cases with no recourse to any procedure) and enforced in other participating

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