Case study - 6 Details concerning the deceased

6 Details concerning the deceased

From 6.1 to 6.5.6

No particular difficulties

6.6 Nationality

Reference should be made to recital 41 of Regulation n° 650/2012^[1].

The question of the nationality of the deceased arises only in the case of a choice of law: The choice of law is valid only if the chosen law is the national law of the deceased at the moment the choice of law was made or at the moment of death, as stated in Article 22 of the Regulation^[2]).

Fundamental :

If the deceased had several nationalities, they must be treated on an equal footing in principle, meaning that there is no reason to give preference to one of those nationalities, notably the nationality of the jurisdiction.

From 6.7 to 6.9.1

No particular difficulties

Notes

Recital 41
- For the purposes of the application of this Regulation, the determination of the nationality or the multiple nationalities of a person should be resolved as a preliminary question. The issue of considering a person as a national of a State falls outside the scope of this Regulation and is subject to national law, including, where applicable, international Conventions, in full observance of the general principles of the European Union.
Article 22
Choice of law
1. A person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death.
  A person possessing multiple nationalities may choose the law of any of the States whose nationality he possesses at the time of making the choice or at the time of death.
2. The choice shall be made expressly in a declaration in the form of a disposition of property upon death or shall be demonstrated by the terms of such a disposition.
3. The substantive validity of the act whereby the choice of law was made shall be governed by the chosen law.
4. Any modification or revocation of the choice of law shall meet the requirements as to form for the modification or revocation of a disposition of property upon death.