Today, a new EU Regulation comes into force that makes cross-border successions easier. Up until now, cases where the deceased had assets or a place of residence in another EU Member State, tended to be highly complicated, because it has to be determined which court has jurisdiction to deal with the case and which law applies to the case. Sometimes this led to two or more proceedings in different countries.
Habitual residence decisive
With the new regulation, things should be clear: The last habitual residence of the deceased is crucial, his personal geographical centre of life.
An example: When an Austrian citizen spends every winter in Italy, but lives and works in Vienna during the rest of the year, the Austrian law applies. However, if he moved to Italy to live their after he retired, the Italian law applies.
Choice
If the person doesn't want that Italian law is applied to his succession, he can state in his will that the law of his country of nationality has to be applied. This new possibility helps to avoid language barriers or other negative effects for the heirs.
The EU Regulation is effective in all EU Member States except Denmark, Ireland and UK and applies from 17. August 2015.
Find more information here:
EU Commission: EU rules to ease cross-border successions are now law
e-justice portal: Succession
