Tacit choice of law
This part refers to Article 83(4)[1] of the Regulation.
Article 83(4)[1] states that if a disposition of property upon death made prior to the entry into force of the Regulation was made in accordance with the law which the deceased could have chosen in accordance with this Regulation, that law shall be deemed to have been chosen as the law applicable to the succession.
The choice of law is deduced from an objective analysis of the terms of the disposition. In this case, it is not a matter of seeking to determine the intention of the deceased.
Example :
An individual of English nationality established a trust under a will for certain assets. Can it be deduced that he intended the whole of his succession to be governed by English law?
Disputes might arise.
Advice :
It would be useful to go over the dispositions of property upon death established prior to 17 August 2015 in order to determine whether this article is likely to apply.