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

May 11, 2022
Vanina Wittenburg examines the impact of the pandemic for probates and discusses hope for the future in Taxation
Apr 12, 2022
Vanina Wittenburg examines how the pandemic has affected the probate system and hope for the future in the FTAdviser
Mar 31, 2022
Vanina Wittenburg discusses the importance of wills for young adults in Today’s Wills & Probate
Mar 21, 2022
Vanina Wittenburg comments on the impact of the BVD cutting the funding of will searches, in This is Money
Feb 02, 2022
Vanina Wittenburg is a full member of the Society of Trust and Estate Practitioners (STEP)
Jan 25, 2022
Flora Nelmes discusses the steps involved in insuring an unoccupied property following a death in Lawyer Monthly
Jan 17, 2022
Probate Application Fee Increase
Dec 13, 2021
Flora Nelmes says that clients should review their existing wills and consider IHT opportunities with the RNRB to remain fixed until April 2026 in Accountancy Daily
Dec 01, 2021
Flora Nelmes discusses the opportunities to review existing wills and explore IHT, as the residence nil rate band is to remain frozen until April 2026, in Lawyer Monthly
Oct 28, 2021
Doubling of time limit for payment of CGT on residential property transactions

© Hunters Law LLP 2022 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

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