European UnionI changed my habitual residence. Does this automatically change the law governing my succession?
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.
What the Law Says
The law governing your succession in the EU is determined primarily by where you were habitually resident at the time of your death — not where you lived earlier or where you moved to later.
Under Regulation (EU) No 650/2012 (the Succession Regulation), the general rule is that the law of the Member State where you were habitually resident at the time of death governs your entire succession — both movable and immovable assets — unless you validly choose another law.
This means moving to a new country during your lifetime does not retroactively or automatically shift the governing law. Only your habitual residence *at death* matters — unless you make an explicit, formal election.
You may choose the law of your nationality instead — but only once, and it must be done expressly in a disposition of property upon death (e.g., a will) or a separate declaration. That choice must be clear, unambiguous, and comply with formal requirements.
Statutory TextThe law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.
— Regulation (EU) No 650/2012, Art. 21(1) — General rule
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) — Choice of law
Statutory TextThe choice shall be made expressly in a disposition of property upon death or in a separate declaration.
— Regulation (EU) No 650/2012, Art. 22(2) — Form
What to Do
Confirm your habitual residence status at the time of death — courts assess duration, stability, and integration (e.g., family, work, tax registration).
If you wish a different law (e.g., your national law) to apply, make a clear, written choice in your will or a separate declaration — before death.
Ensure your choice complies with formal validity rules (e.g., signed, witnessed if required by the chosen law or local rules).
Inform your executor and close family about your choice — it affects asset distribution, inheritance tax, and recognition across EU countries.
Seek legal advice in both your current and previous countries of residence — especially if you own immovable property abroad.
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.