This page provides general information only and is not legal advice. LawBridge is a platform that connects clients with lawyers, not a law firm, and does not provide legal services. For advice about your specific situation, consult a qualified lawyer.
Quick Answer
When someone dies with a connection to more than one EU country, the EU Succession Regulation (650/2012) generally determines jurisdiction and the applicable law based on the deceased's last habitual residence — not nationality, unless the deceased validly chose the law of their nationality in a will. Denmark and Ireland do not participate in this regulation. The specific consequences for your situation require legal review.
Quick Facts
- Governing framework
- EU Succession Regulation (EU) 650/2012
- Default rule
- Jurisdiction and applicable law generally follow the deceased's last habitual residence
- Exception
- The deceased could have chosen the law of their nationality instead, in a valid will
- Not covered
- Denmark and Ireland do not participate in this regulation
Your Options
Apply the default habitual-residence rule
Applies automatically unless the deceased made a valid choice-of-law in their will.
Rely on a valid choice-of-law in the will
If the deceased chose the law of their nationality, that choice generally overrides the default habitual-residence rule.
Obtain a European Certificate of Succession
A standard document that lets an heir, executor, or administrator prove their status across EU member states without separate proceedings in each.
Steps to Take
- 1
Establish the deceased's last habitual residence
The starting point for both jurisdiction and applicable law under the default rule.
- 2
Check the will for a choice-of-law clause
A valid choice can change which country's law governs the succession.
- 3
Identify the estate's assets across countries
Necessary to know which registries/authorities will need to be dealt with.
- 4
Apply for a European Certificate of Succession, if needed
Simplifies proving heir status for assets located in another EU member state.
- 5
Get country-specific legal advice
Local procedural steps (probate, registration) still follow that country's own law, even where the EU regulation determines the substantive succession law.
Documents You May Need
- Death certificate
- The will, if one exists
- Proof of the deceased's last habitual residence
- An inventory of the estate's assets and their locations
- Identity documents for heirs
Common Mistakes to Avoid
- Assuming the deceased's nationality automatically determines the applicable law
- Overlooking a choice-of-law clause in the will, or its absence
- Not accounting for Denmark/Ireland being outside this regulation, if relevant
- Delaying identification of foreign assets, which can complicate the estate
Risks & Deadlines
Jurisdiction and applicable law aren't always the same country's
Requires legal review for the specific case — under limited circumstances, the courts of one country can have jurisdiction while another country's law governs the succession.
National succession/probate deadlines still apply
Requires legal review for the specific country — the EU regulation determines which country's law applies, not any specific deadline within that law.
Estimated Costs
- European Certificate of Succession: Requires legal review — varies by country
- Initial lawyer consultation: Varies by lawyer and country — ask for a quote upfront
- Full probate/succession proceedings: Requires legal review — depends on the country and estate complexity
When to Contact a Lawyer
- The deceased had assets or habitual residence connections to more than one country
- There's uncertainty about whether a choice-of-law clause is valid
- Heirs are in disagreement, or in different countries
- You need a European Certificate of Succession or its national equivalent
Frequently asked questions
Generally yes, for participating member states — one of the regulation's aims is a single applicable law for the whole estate rather than different rules for each asset, though this doesn't remove local formalities for registering foreign property.
Yes, in principle — a valid choice-of-law clause in a will can select the law of the person's nationality instead of the default habitual-residence rule, subject to the will being validly made.
Neither participates in the EU Succession Regulation, so a case connected to either follows different rules — this needs specific legal advice rather than assuming the regulation applies.
No. LawBridge is a platform that connects you with independent lawyers — it does not itself provide legal advice or legal services.
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