I live in Spain but want French law to govern my estate. Can I make this choice?

What the Law Says

The EU Succession Regulation (Regulation (EU) No 650/2012) allows individuals to choose the law of their nationality to govern their entire estate — even if they live in another EU country like Spain.

This choice is permitted under Article 22(1), which states that a person may elect the law of their nationality to govern their succession as a whole.

The choice must be made expressly in a disposition of property upon death (e.g., a will) or in a separate written declaration. It cannot be implied.

You must have a 'manifest link' to France — such as French nationality, long-term residence, property ownership, or strong family ties — to make the choice valid and enforceable.

Importantly, the Regulation applies automatically in all EU Member States except Denmark and Ireland — so it fully covers both Spain and France.

Statutory Text

A 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) — Choice of law

Statutory Text

The choice shall be made expressly in a disposition of property upon death or in a separate written declaration.

— Regulation (EU) No 650/2012, Art. 22(2) — Form

Sources