My father died living in Spain but was a German national. Which country's succession law applies?

What the Law Says

The EU Succession Regulation (Regulation (EU) No 650/2012) determines which country’s succession law applies across most EU Member States, including Spain and Germany. It generally applies the law of the deceased’s habitual residence at the time of death — but allows a person to choose the law of their nationality instead.

Under Article 21(1), 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.

However, Article 22 gives individuals the right to choose, in a will or equivalent instrument, the law of their nationality to govern their entire succession — even if they live elsewhere.

This choice must be express and in accordance with the formal requirements of the chosen law or the law of the place where it is made.

Because your father was a German national, he could — and unless he chose otherwise — have his estate governed by German succession law, especially if he made a valid choice under Article 22.

Statutory Text

The 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(1) — General rule

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 — Choice of law

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