European UnionIf my habitual residence is uncertain (I split time between two countries), how is succession law determined?
If your habitual residence is uncertain because you split time between two EU countries, succession law is determined by the EU Succession Regulation (Regulation (EU) No 650/2012), which applies the law of the country where you had your 'habitual residence' at death — assessed case-by-case using all relevant factors.
What the Law Says
The EU Succession Regulation (Regulation (EU) No 650/2012) determines which country’s succession law applies when a person dies with cross-border connections — especially when habitual residence is unclear.
Under Article 4, the law applicable to the succession as a whole is the law of the State in which the deceased had their habitual residence at the time of death.
But if habitual residence is uncertain — for example, because the person spent significant time in two or more EU countries — Article 21 provides a fallback: the law of the State with which the deceased was 'manifestly more closely connected' applies.
This 'closest connection' assessment considers all relevant factors: duration and regularity of stays, location of family and social ties, centre of interests (e.g., work, property, bank accounts), and expressed intentions (e.g., tax residence, will provisions). No single factor is decisive.
The Regulation applies automatically in all EU Member States except Denmark and Ireland, and it overrides national conflict-of-law rules.
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 TextWhere it is clear from all the circumstances of the case that the deceased was manifestly more closely connected with a State other than that in which he had his habitual residence, the law of that other State shall apply.
— Regulation (EU) No 650/2012, Art. 21 — Closest connection
What Courts Have Said
Courts across the EU have interpreted 'habitual residence' and 'closest connection' in cases involving split residency, emphasising factual, holistic assessments over formalities like registration or tax status.
The CJEU held that habitual residence requires a 'stable and continuous presence' — not mere physical presence — and must be assessed by examining the totality of the person's life, including family, professional, and social integration.
German court found habitual residence in Germany despite the deceased owning property and spending winters in Spain, because family, healthcare, voting registration, and daily life were centred in Munich.
What to Do
Gather evidence of your centre of life: lease/mortgage documents, utility bills, school or medical registrations, tax returns, and membership records.
Document your intentions: e.g., written statements, will clauses specifying governing law (if valid under Art. 22), or declarations of domicile.
Consider making an election of law under Article 22: you may choose the law of your nationality to govern your entire succession — but this must be express, in writing, and comply with formal validity rules.
Consult a cross-border succession lawyer before death or inheritance opens — especially if assets are in multiple EU countries.
Apply for a European Certificate of Succession (under Art. 62–64) to prove status and rights across EU Member States.
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.