Regulation (EU) 650/2012, in force since 17 August 2015 in all Member States except Ireland and Denmark, is the cornerstone that orders cross-border successions in the EU. Before it, an estate with assets in two countries could be processed in parallel under two different laws and produce contradictory rulings. The Regulation removes that friction by concentrating the succession under a single law and a single forum.
Main connecting factor: habitual residence
The guiding criterion is the habitual residence of the deceased at the time of death. That residence determines, simultaneously, the law applicable to the succession (Article 21) and the jurisdiction of the courts of the corresponding Member State (Article 4). It is a factual criterion: real ties weigh, not nationality nor mere registration.
Professio iuris: choosing the national law
The deceased may, in a will, choose the law of their nationality as the law applicable to the succession (Article 22). This choice — the professio iuris — is the key planning tool: it allows a French national resident in Germany to ensure that their succession is governed by French law, avoiding surprises for their heirs. It must be express or unambiguously inferred from the will.
European Certificate of Succession
The Regulation creates the European Certificate of Succession (ECS), a document issued by the authority of the competent State which proves the status of heir, legatee, executor or administrator in any other Member State without further proceedings. It is the practical piece that unlocks accounts, registries and administrations in countries other than the country of death.
What the Regulation covers and what it leaves out
- Covers: applicable law, jurisdiction, recognition and enforcement of decisions, and the European Certificate of Succession.
- Leaves out: tax matters, matrimonial property regimes and trusts, governed by their own national rules or other EU instruments.
- Limited renvoi: renvoi is only admitted to the law of a Member State or to a law that would apply to the succession.