Can I choose my own nationality's law to govern my estate instead of where I live?

What the Law Says

The EU Succession Regulation establishes uniform rules on jurisdiction and applicable law for cross-border estates within the EU.

If you are habitually resident in an EU country (excluding Denmark and Ireland), the law of that country normally applies to your entire estate. However, Regulation (EU) No 650/2012 gives you a powerful choice: you may elect instead for the law of your nationality to govern your succession — regardless of where you live or own assets.

This choice must be made expressly and in writing — for example, in a will or separate declaration — and it applies to your entire estate worldwide (including immovable property like real estate). It overrides the default rule based on habitual residence.

The regulation applies in all EU Member States except Denmark (which opted out) and Ireland (which did not participate). The UK is also excluded post-Brexit.

Statutory Text

A 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(1) — Choice of law

Statutory Text

The choice shall be made expressly in a disposition of property upon death or in a separate declaration before a notary or other authority empowered to receive such declarations.

— Regulation (EU) No 650/2012, Art. 22(2) — Form

What to Do

Sources