# Choice of court agreement: Article 5

When the deceased has chosen to have their succession governed by the law of their nationality (Article 22), their heirs may conclude a choice-of-court agreement pursuant to Article 5 of the Regulation. This agreement must be in writing, dated and signed by all the parties concerned. It gives exclusive jurisdiction to the courts of the State whose law is applicable to the succession.

## Example (cont'd)

On 20 August 2015, Charlotte had established a will in which she stated that she wished her succession to be subject to Austrian law, as that was her nationality.

Her three children who are Austrian residents do not agree on how to share out their mother's estate but they manage to conclude an agreement on 2 November 2015 to submit the dispute to the Austrian courts, in order to reduce the costs of the proceedings.

## Warning

Choice-of-court agreements only became possible from 17 August 2015 and only between States participating in the Regulation.