European Union

Does the EU Succession Regulation apply in Denmark, Ireland, or Romania?

Reg. (EU) 650/2
Regulation number
3 Member States
Opt-outs
2015-08-17
Entry into force
Denmark
Non-participating
The Short Answer

The EU Succession Regulation (Regulation (EU) No 650/2012) does not apply in Denmark or Ireland, but it does apply in Romania.

What the Law Says

The EU Succession Regulation establishes uniform rules on jurisdiction, applicable law, and recognition of decisions in cross-border succession matters across participating EU Member States. However, not all EU countries participate.

Regulation (EU) No 650/2012 — also known as the EU Succession Regulation — entered into force on 17 August 2015 and applies to successions of persons who die on or after that date.

Denmark and Ireland have formally opted out of the Regulation under Protocol No 21 to the Treaty on the Functioning of the European Union (TFEU), meaning it does not apply there.

Romania, having joined the EU in 2007, participates fully in the Regulation unless it exercised an opt-out — which it did not. Therefore, the Regulation applies in Romania.

Article 81 of the Regulation explicitly confirms its non-application in Denmark and Ireland: 'This Regulation shall not apply in Denmark and Ireland.'

Statutory Text

This Regulation shall not apply in Denmark and Ireland.

— Regulation (EU) No 650/2012, Art. 81

What to Do

1

Confirm the deceased’s habitual residence at time of death — this determines the competent court and applicable law under the Regulation.

2

If the deceased was habitually resident in Romania, Romanian courts apply Regulation (EU) No 650/2012 and issue a European Certificate of Succession.

3

If the deceased was habitually resident in Denmark or Ireland, national succession laws apply — consult local legal counsel.

4

For cross-border estates involving Romania and Denmark/Ireland, coordinate with lawyers in each jurisdiction to manage conflicting rules on jurisdiction and recognition.

Sources

statuteRegulation (EU) No 650/2012, Art. 81 — Non-application in Denmark and Ireland

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.