# Explicit choice of law

## This part refers to Article 83(2) of the Regulation.

A choice of law made prior to 17 August 2015 will be valid if it complies with the provisions of Article 22 of the Regulation

## Example

A choice of law made in 2013 by a French national residing in the United Kingdom in favour of his national law for a gift he was making to his children is not valid because Article 22 of the Regulation requires that choice to be contained in an instrument on dispositions of property upon death.

A choice of law made by a French national residing in the United Kingdom in favour of English law is not valid because the choice of law may only be made in favour of the national law of the deceased.

## Example 2

A French national residing in Belgium (2013) opted for Belgian law. He died in September 2015 in France. The choice in favour of Belgian law will be valid because on the day when he made that choice, he was residing in Belgium which allows such a choice of law (Article 78 of the Belgian law of 16 July 2014 establishing a Private International Law Code).