Estate Planning

Yes, as an EU resident, you can choose French law to govern your estate under the EU Succession Regulation, provided you have a manifest connection to France.

If you die without a will while living in another EU country, the law of the country where you were habitually resident at death generally decides who inherits — unless you chose the law of your nationality under EU Regulation No 650/2012.

The EU Succession Regulation (Regulation (EU) No 650/2012) lets you choose the law of your nationality to govern your entire estate, regardless of where your assets are located — avoiding fragmentation across multiple countries’ succession laws.

The EU Succession Regulation (Regulation (EU) No 650/2012) does not apply in Denmark or Ireland, but it does apply in Romania.

No, changing your habitual residence does not automatically change the law governing your succession under EU law — the applicable law is generally determined by your habitual residence at the time of death, not during life.

Yes, a third-state (non-EU) law can apply to your succession under EU Regulation No 650/2012 — but only if you chose it explicitly in a valid choice-of-law declaration or if the deceased was habitually resident there and no EU Member State has exclusive jurisdiction.

If your habitual residence is uncertain because you split time between two EU countries, succession law is determined by the EU Succession Regulation (Regulation (EU) No 650/2012), which applies the law of the country where you had your 'habitual residence' at death — assessed case-by-case using all relevant factors.

The European Certificate of Succession (ECS) is a legal document issued in one EU country to prove who the heirs, legatees, executors or administrators are, and what their rights and powers are — it’s needed when dealing with cross-border succession matters in the EU.

Yes, the European Certificate of Succession (ECS) can be used to register inherited property in EU Member States, provided the certificate is issued by a competent authority and complies with Regulation (EU) No 650/2012.

As an executor of a cross-border estate in the EU, you can prove your authority using the European Certificate of Succession (ECS), a standardised document recognised in all EU Member States except Denmark.

Yes, the European Commission’s Standard Contractual Clauses (ECS/SCCs) remain valid and can be used while challenges are pending, provided they are supplemented with appropriate safeguards where necessary.

Under EU Regulation 650/2012, the deceased’s habitual residence at death generally determines the applicable law — but they may choose the law of their nationality instead, and this choice overrides local forced heirship rules in participating EU Member States.

No, the EU does not impose a single forced heirship rule across all member states. Instead, Regulation (EU) No 650/2012 allows you to choose the law of your nationality to govern your entire estate, but national laws — not EU law — determine whether forced heirship applies.

Yes, creditors can challenge your choice of law for succession under EU Regulation (EU) No 650/2012 if it unfairly reduces their claims, particularly where the chosen law undermines mandatory creditor protections in the deceased’s habitual residence state.

Yes, your matrimonial property regime affects inheritance in the EU because it determines which assets belong to the deceased’s estate and which belong solely to you as the surviving spouse.

No, choosing the applicable law for your matrimonial property does not automatically change your children’s inheritance rights — inheritance is governed separately by EU Regulation (EU) No 650/2012 and national succession laws.

You must register your trust in the EU’s central beneficial ownership register and disclose the settlor, trustee, beneficiaries, and any protector — including their names, birth dates, nationalities, and countries of residence.

Yes, under EU AML rules, trusts that hold family businesses must identify and register beneficial owners if they engage in economic activity or hold assets in the EU.

The EU Insolvency Regulation (Recast) determines which country’s insolvency law applies — generally, the law of the Member State where your centre of main interests (COMI) is located.

Yes, as a creditor in France, you can claim in the German bankruptcy proceedings under EU Regulation (EU) No 2015/848, which applies automatically in cross-border insolvency cases within the EU.

Yes, an EU insolvency proceeding opened in one Member State automatically covers assets located in other EU Member States under the EU Insolvency Regulation.

Yes, asset transfers made to avoid insolvency claims can be set aside under EU law if they are deemed fraudulent or detrimental to creditors, especially within specific timeframes before insolvency proceedings begin.

Insolvency proceedings are generally opened in the EU Member State where the company has its centre of main interests (COMI), which is presumed to be its registered office unless proven otherwise.

You may choose the law of either nationality for succession planning under EU Regulation 650/2012, provided you have a manifest connection to that state.

The European Certificate of Succession (ECS) simplifies cross-border estate administration in the EU, but it does not replace national probate — it only proves status and rights. You may still need separate national procedures depending on the country and asset type.