EU Succession Regulation

The EU Succession Regulation (‘Brussels IV’) came into force on 17 August 2015. It is applicable in the majority of EU member states and determines which country’s law applies to the succession to a deceased’s estate. This is a huge improvement because it prevents a situation where several legal systems apply in the event of the death of someone who holds the nationality of country A, is domiciled in country B and owns a holiday home in country C.

In those countries which have adopted the Regulation, the default position is that the law of the country in which a person has his habitual residence or domicile at the time of death will govern the succession to and winding up of the estate. This default position can be overridden only by means of a Will in which the person in question chooses the law of the state of his own nationality as the law governing his succession. The choice of someone who opted for the law of another state prior to 17 August 2015 will also be respected, provided that choice was legal and valid at the time.

The EU Succession Regulation also provides for the issuance of a European certificate of succession. In the Netherlands, this must be drawn up by a notary. The European certificate of succession is valid in almost all EU member states.

Please contact us for further information about the EU Succession Regulation, choice of law and the European certificate of succession. We shall be pleased to offer advice.