News

European succession rules to be simplified

  • May 09, 2013
  • By Hunters Law

An EU Regulation, known as ‘Brussels IV’, which seeks to simplify the devolution of estates with connections to more than one member state will take effect from 17th August 2015.

Although the UK has opted out of the Regulation for the time being, it will still have an impact on British people with assets elsewhere in Europe and on other Europeans with assets here in the UK.  The UK retains the option to opt in at a later date.

One interesting provision allows an individual to choose which law should apply to the succession of his whole estate.  At the moment, broadly, houses and land are governed by the law of their location.  French law will apply to a second home in France even if the owner is English, so the house has to be left in a way that is acceptable under French law.  This means leaving a certain proportion of it to each child.  Under the new Regulation, if the English owner stated in his Will that English law was to apply to his whole estate, he might circumvent French succession laws and dispose of his French house freely.

Although the Regulation specifically states that it does not deal with taxation, its implications will nevertheless become an important consideration in Will drafting in the future.

For more information about preparing Wills and the international element, please contact a member of our Private Client team.

Related News

Jun 22, 2021
Jo Carr-West and Lara Barton discuss CGT for divorcing couples in WealthBriefing’s Family Wealth Report
Jun 21, 2021
Harriet Murray examines the analysis of a Wealth Tax in relation to the circumstances of the COVID-19 crisis
Jun 17, 2021
Flora Nelmes discusses the timings surrounding the probate process
Jun 09, 2021
Flora Nelmes examines the steps involved in obtaining probate in Taxation
Jun 09, 2021
Flora Nelmes discusses the probate process
Mar 29, 2021
Jonathan Gemmell’s summary of the Budget and Tax Day Announcements for Private Clients
Mar 25, 2021
Constance Tait and Julia Richards discuss the importance of making a Lasting Power of Attorney
Feb 09, 2021
Molly Wills discusses The Office of Tax Simplification’s First Report on Capital Gains Tax, in Private Client Business
Jan 06, 2021
Molly Wills discusses The Office of Tax Simplification’s review of Capital Gains Tax
Nov 30, 2020
Julia Richards examines section 33 of the Wills Act 1837 in WealthBriefing

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)