Inheritance — European Union

Since 17 August 2015, Regulation (EU) No 650/2012 subjects a whole estate to a single law — that of the deceased's last habitual residence — unless they chose the law of their nationality.

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The legal framework

Regulation (EU) No 650/2012 of 4 July 2012, the Succession Regulation, applies to deaths from 17 August 2015. It sets three rules: one estate, one law; that law is the law of the deceased's habitual residence at death, wherever the assets are; and a person may, in their lifetime and in writing, choose the law of the state of their nationality. It also creates the European Certificate of Succession, which proves the status of heir in every participating state without further formality.

A Frenchman living in London writes his will with a fountain pen in his study
A French national living in London or Lisbon can, with one sentence in his will, place his whole estate under French law: it is the most useful tool of the 2012 EU regulation, and the least used.

The change made in 2015 runs deeper than it looks. Several member states previously applied the law of the place where land was situated to immovables and the law of domicile to movables, so one estate could be settled under three laws. The Regulation ends that split within the Union.

Choice of law is the Regulation's most useful and least used feature. An Irish or British national living in France can choose their national law and recover testamentary freedom; a French national living abroad can choose French law and keep forced heirship for their children.

Ireland did not opt in, and neither did Denmark. For an Irish estate, Irish conflict rules continue to apply — habitual residence for movables, the law of the place of the land for immovables — which can produce exactly the split the Regulation was designed to abolish.

Key points

InstrumentRegulation (EU) No 650/2012 of 4 July 2012, applicable since 17 August 2015
Applicable lawLaw of the deceased's habitual residence at death, for the whole estate
Choice of lawThe law of your nationality may be chosen, in writing, before death
UnityMovable and immovable property fall under the same law wherever situated
European Certificate of SuccessionProof of heirship recognised in every participating state
Non-participatingDenmark and Ireland are not bound by the Regulation

In practice

A retired couple sign a will before a notary in her book-lined office
To have your national law apply, the safest way is to write it into a will, at the notary's.

Cost and coverage

A retired couple have coffee on the terrace of their white house overlooking the ocean in the Algarve
A retiree who has lived in Portugal for ten years has his habitual residence there, even if he keeps a home in his country of origin.

A European Certificate of Succession costs a few hundred euros depending on the state. The real saving lies elsewhere: before 2015, an estate with a flat in Spain and accounts in France was settled under two laws, with two procedures. The Regulation removes that split and shortens matters by months.

Recent changes

The Court of Justice has held that habitual residence requires a stable and durable connection: a retired person settled in Portugal for ten years is habitually resident there even if they kept a home and accounts in their country of origin.

Where to go

A man hands a folder of documents over the counter at a consulate
Consulates forward civil-status records; the European certificate of succession is requested from the notary.

Worth knowing

The Regulation unifies the applicable law, not the tax: one estate can be taxed in two states, and only a bilateral tax treaty prevents double taxation.

Frequently asked questions

Which law governs my estate in the EU?

The law of your habitual residence at death, for all your assets, unless you have chosen the law of your nationality in writing.

How do I choose my national law?

State it expressly, preferably in a will: “I choose the law of [state] to govern my succession as a whole”.

What is the European Certificate of Succession?

A document issued by a notary or competent authority proving your status as heir and your powers in every participating state, without any recognition procedure.

Does the Regulation apply everywhere in the EU?

No. Denmark and Ireland do not participate, and their own conflict rules apply to assets located there.

Does it deal with inheritance tax?

No. Taxation remains entirely national, and a cross-border estate can be taxed in two states.

Official sources and links

← All countries The general article on this topic →

Sources

  1. Successions — European Commission, 2026 (in French)

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

Page checked in . The instruments cited can change: if in doubt, confirm with the official source given.

Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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