European UnionCan a third-state (non-EU) law be applied to my succession under the EU Regulation?
Yes, a third-state (non-EU) law can apply to your succession under EU Regulation No 650/2012 — but only if you chose it explicitly in a valid choice-of-law declaration or if the deceased was habitually resident there and no EU Member State has exclusive jurisdiction.
What the Law Says
The EU Succession Regulation (No 650/2012) establishes uniform rules for determining which country’s law applies to cross-border successions involving EU residents — including cases where non-EU law may govern.
The Regulation applies automatically to the succession of persons who died on or after 17 August 2015, provided they were habitually resident in an EU Member State (except Denmark and Ireland, which opted out).
Under Article 4, the law applicable to the succession as a whole is generally the law of the State in which the deceased was habitually resident at the time of death — even if that State is a third country (i.e., outside the EU), provided it is not excluded by other provisions.
However, Article 22 allows the deceased to choose the law of their nationality instead — but only if that law is the law of an EU Member State. A choice of a third-state national law is invalid under the Regulation.
Crucially, Article 3(2) defines ‘third State’ as any State not bound by the Regulation — meaning non-EU countries are included in its scope for conflict-of-law purposes, but their laws may only apply indirectly (e.g., via habitual residence) — not via choice.
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. 4 — 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 — Choice of law
Statutory Text‘Third State’ means any State not bound by this Regulation.
— Regulation (EU) No 650/2012, Art. 3(2) — Definitions
What Courts Have Said
EU courts have clarified that third-state law may apply only under the habitual residence rule — never via choice — and that national courts must assess habitual residence factually, not formally.
The CJEU held that Article 4 requires a factual, multifactorial assessment of habitual residence — and if the deceased was habitually resident in a third State (e.g., Switzerland), that State’s law applies, even though the Regulation does not bind that State.
The Court confirmed that Article 22 does not permit choosing the law of a third State — only the law of an EU Member State of which the deceased is a national — rendering such choices void.
What to Do
Confirm where the deceased was habitually resident at death — gather evidence (residence permits, tax records, property deeds, family ties).
Check whether the deceased made a valid choice of law under Article 22 — it must name an EU Member State of their nationality and comply with formal requirements (e.g., in writing, signed).
If habitual residence was in a third State, that State’s succession law likely applies — consult a local lawyer to understand its rules and how EU courts will recognise them.
File the European Certificate of Succession (ECS) in an EU Member State court — it may still be issued even if third-state law governs, provided jurisdiction is established.
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.