Anticipation of the system to which the succession should be connected
We must follow the same approach in three steps as in matters of wills and look in the same way to determine the law that would have applied to the succession on the day the agreement was concluded.
1st step
In principle, the law of the habitual residence of the person making the disposition on the day the agreement was concluded has jurisdiction.
2nd step
By exception, it will be set aside if it is demonstrated that the person making the disposition was manifestly more closely connected with another State than that of their habitual residence.
3rd step
If, on the day the agreement was established, the person making the disposition had already chosen his national law as being applicable to his succession, this law will also apply to the will. The rule has the same advantages as in matters of wills, and guarantees the application of the same law to the succession and the agreement as to succession.
Complement : If a first will containing a choice of law is revoked by a second will, does that revocation also concern the choice of law?
The Regulation does not provide an answer to this question. That is a matter for interpretation, no doubt.
It is therefore under the law applicable to the revocation of the first will that the extent of the revocation will have to be assessed.