European UnionI want to avoid my estate being split under multiple countries' laws. How does the EU Succession Regulation help?
The EU Succession Regulation (Regulation (EU) No 650/2012) lets you choose the law of your nationality to govern your entire estate, regardless of where your assets are located — avoiding fragmentation across multiple countries’ succession laws.
What the Law Says
The EU Succession Regulation harmonises cross-border succession rules for people with connections to more than one EU country. It establishes a single set of rules to determine which country’s law applies and which courts have jurisdiction.
By default, the law of the deceased’s habitual residence at the time of death governs the entire estate — including immovable and movable property worldwide — unless a choice of law is made.
Crucially, Article 22 allows a person to choose the law of their nationality to apply to their entire estate, even if they live in another EU country. This choice must be made expressly and in accordance with formal requirements (e.g., in a will or declaration).
The Regulation applies in all EU Member States except Denmark and Ireland (which opted out), and the UK (no longer bound post-Brexit). It covers both substantive succession law and procedural matters like jurisdiction and recognition of decisions.
Statutory TextA 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
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 — General rule
What to Do
Determine your habitual residence and nationality — both are key connecting factors.
If you hold multiple nationalities, you may choose the law of any one of them under Article 22.
Make an express, written choice of law — ideally in a notarised will or separate declaration complying with formal validity rules (Art. 23).
Inform your executor and beneficiaries about your choice to prevent challenges or confusion.
Review your estate plan regularly — especially after moving, acquiring new citizenship, or changes in family circumstances.
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.