# Successions with an international element

The Regulation does not define the successions it intends to address. It is nonetheless obvious that the Regulation does not apply to purely national successions, but only to successions with an international element.

Likewise, it is unlikely that the Regulation will apply only to cross-border successions or, in other words, to European successions, despite the terms of Point 7 of the Preamble

In principle, the Regulation should therefore apply to all successions with an international element.

## Hypothesis 1: Divergence between nationality and residence

If the deceased had the nationality of one State and resided in another State on the day of his death, there can be no doubt that the succession has an international element.

For the succession of a German who dies while resident in Italy, there are grounds to implement the Regulation.

## Hypothesis 2: Assets located in several States

If the deceased has the nationality of the State in which he has his habitual residence, the Regulation must be implemented whenever he had assets located in another Member State.

For the succession of a German who dies in Germany and leaves behind an immoveable property in Italy, there are grounds to implement the Regulation.

## Hypothesis 3: A disposition of property upon death established abroad.

If the deceased has the nationality of the State in which he has his habitual residence, the at-least partial implementation of the Regulation may be justified whenever he established a disposition at a time when his situation had an international element.

For a Frenchman residing in France who established a joint will while residing in Germany, there are grounds to implement the Regulation.