European Regulation in matters of international successions

There can be several reasons for making a choice of law.

First of all, a choice of law makes it possible to secure the advance provisions for their succession: that can not only make legal provisions in preparation for their succession, but also make sure that their choices are valid by choosing the law applicable to that succession.

It is therefore a mechanism that boosts the legal security and therefore predictability of the chosen solutions.

Secondly, the choice of national law has the advantage of providing stability, since a change of residence will not affect the law applicable to the settlement of the succession.

Failing this, every time there is a change of residence, information will have to be obtained about the succession rules applicable in that State.

Thirdly, the choice of law means only a single law applies to the peripheral questions around the succession, in particular regarding matrimonial property, divorce and gifts.

Given that a certain number of European instruments, and in particular Rome I applicable to gifts or Rome III on divorce, allow a choice to be made in favour of one’s own national law, if a person also chooses national law to apply to their succession, a single law will then be applicable to all these questions.