My deceased relative chose German law for their succession but lived in France. Is this valid?

What the Law Says

The EU Succession Regulation (Regulation (EU) No 650/2012) harmonises rules on cross-border succession across most EU Member States, including France and Germany.

Under this Regulation, a person may choose the law of their nationality to govern their entire estate — regardless of where they live or own assets. This choice overrides the default rule that succession is governed by the law of the country where the person was habitually resident at death.

The choice must be made expressly in a disposition of property upon death (e.g., a will) or demonstrated by the terms of such a disposition. It must be made during the person’s lifetime and cannot be implied or retroactive.

Importantly, the Regulation applies automatically in participating EU countries (all except Denmark and Ireland), and France and Germany are both bound by it. The chosen law — here German law — then governs all aspects of succession, including capacity, validity of dispositions, and distribution.

Statutory Text

A 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(1) — Choice of law

Sources