We chose the applicable law for our matrimonial property. Does this affect our children's inheritance?

What the Law Says

The EU Succession Regulation (Regulation (EU) No 650/2012) governs cross-border inheritance in most EU Member States. Crucially, it explicitly excludes matrimonial property regimes from its scope — meaning the law you choose for your marriage property has no legal effect on who inherits from you or your children’s rights.

Under Article 23 of the Regulation, 'the scope of this Regulation shall exclude... matrimonial property regimes'. This means inheritance law (who gets what after death) and marital property law (how assets are shared during marriage) are treated as entirely separate legal areas.

You may choose the law applicable to your succession under Article 22 — but only if you have a connection (e.g., nationality or habitual residence) to that country, and only for succession matters. That choice does not override mandatory inheritance rights (e.g., reserved portions for children) under the law of the deceased’s habitual residence or nationality, depending on the Member State.

Children’s inheritance rights — including any statutory ‘reserved share’ — remain protected under the national succession law that applies to the estate, regardless of your matrimonial property choice.

Statutory Text

the scope of this Regulation shall exclude: ... (c) matrimonial property regimes

— Regulation (EU) No 650/2012, Art. 23 — Scope

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 — Choice of law

Sources