I have dual nationality. Which one should I use for my choice of law in succession planning?

What the Law Says

EU Regulation (EU) No 650/2012 — the Succession Regulation — allows individuals with multiple nationalities to choose the law applicable to their entire estate upon death.

Under Article 22(1), a person may choose the law of their nationality as the law governing their succession. If you hold two or more nationalities, you may select the law of any one of them — but only if you have a 'manifest connection' to that state at the time of the choice or at death.

The choice must be made expressly in a disposition of property upon death (e.g., a will) or in a separate declaration. It must be in writing, dated and signed by the testator.

This choice applies to your entire estate (‘unitary’ approach) and overrides the default rule — which would otherwise apply the law of your habitual residence at death.

Statutory Text

A person may choose as the law to govern his succession 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 declaration. It shall be in writing, dated and signed by the testator.

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

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