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Cross-border estate planning under the EU Succession Regulation (Regulation (EU) No 650/2012).
Regulation (EU) No 650/2012 has brought about a paradigm shift in European succession law.
Previously, the law applicable to a succession was generally the law of the deceased’s nationality.
Since the Regulation entered into force, the general rule is that a succession is governed by the law of the deceased’s habitual residence at the time of death, unless they have expressly chosen (by professio iuris) the law of their nationality.
If you live in a country other than your nationality, your succession will generally be governed by the law of your country of habitual residence. You can choose the law of your nationality through an express declaration (for example, in your will).
We particularly advise EU residents in Spain (and especially in the Balearic Islands) with assets in multiple countries, as well as British nationals and other non-EU citizens resident in Spain, where professio iuris is especially relevant.
Cross-border estate planning requires coordinating domestic laws and tax systems across multiple countries to avoid conflicts and optimise outcomes. We work with trusted partners in Germany, Switzerland, the United Kingdom, and the Netherlands, among others.
