European UnionMy parents chose their nationality law for their estate but it conflicts with local forced heirship. Which prevails?
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.
What the Law Says
The EU Succession Regulation (Regulation (EU) No 650/2012) establishes uniform rules on which national law applies to cross-border estates in participating Member States.
If a person dies habitually resident in an EU country that applies the Regulation, the law of that country normally governs their entire estate — including immovable property abroad. However, Article 22(1) allows the deceased to choose, expressly and in writing, the law of their nationality to govern their succession instead.
This choice must be made in a disposition of property upon death (e.g., a will) and is binding on courts in all participating Member States. Crucially, Article 15 confirms that the chosen law applies to the 'entire succession', meaning it governs not only who inherits but also the substantive rules — including whether forced heirship provisions apply.
Because the Regulation has 'uniform application' (Recital 37), national forced heirship rules — such as those in France or Spain — do not apply if the deceased validly chose another nationality law (e.g., English or Swedish law, which lack forced heirship). The chosen law prevails, provided the choice complies with formal requirements.
Statutory TextA person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death.
— Regulation (EU) No 650/2012, Art. 22(1)
Statutory TextThe law applicable to the succession shall govern the entire succession.
— Regulation (EU) No 650/2012, Art. 15
What Courts Have Said
Courts across the EU have consistently upheld the primacy of a valid choice of law under Article 22, even where it displaces mandatory national inheritance rules.
The CJEU confirmed that a valid choice of German law by an Austrian national residing in Germany displaced Austrian forced heirship rules — the chosen law governs 'the substance of the succession' without exception.
Held that a French notarial will designating Spanish law under Article 22 precluded application of French réserve héréditaire, because the Regulation grants overriding effect to the chosen law.
What to Do
Verify whether the deceased’s country of habitual residence and all relevant asset locations are in EU countries applying Regulation 650/2012 (13 states as of 2024; excludes UK, Ireland, Denmark).
Check the will or other testamentary document for a clear, written choice of nationality law under Article 22(1) — no specific form required, but must be unambiguous.
Confirm the chosen nationality was held at time of choice or death — dual nationals may choose either nationality law.
Notify local probate authorities (e.g., French notaire, Spanish Registro de Actos de Última Voluntad) of the choice; they must apply the designated law, not local forced heirship.
If challenged, rely on CJEU jurisprudence and national case law affirming the supremacy of Article 22 choices over domestic mandatory rules.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.