# Examples

## A French national residing in Switzerland has died.

The notary in charge of settling the succession must, pursuant to Article 21 apply the Swiss law of the last habitual residence of the deceased.

All the conflict of law rules contained in the Regulation will apply in relations with third States.

Such is the case of :

## Article 21

A Belgian residing in Canada has died. It is the Belgian law of his last habitual residence that must apply.

## Article 22

A Frenchman residing in New York dies there after opting for the application of French law to his succession. This choice of law must produce its effects provided that it complies with the conditions set out in Article 22.

It is of no account that “« the chosen law does not provide for a choice of law in matters of succession »” as pointed out in recital 40 in the Preamble to the Regulation.

## Article 27

In 2013, a French national residing in Mexico established a holograph will. He returned to France in 2016. He died there.

Although French law applies to his -succession, the substantive validity of his will must be assessed pursuant to Mexican law and the formal validity of the will shall be subject to Article 27 of the Regulation (unless the

the Hague Convention of 5 October 1961 on the law applicable to the form of testamentary dispositions applies).

## Article 21

A Swiss national obtained a waiver of their succession from his children in return for compensation. He decided to retire to Barcelona. He died there.

Pursuant to Article 21, Spanish law applies to the settlement of his succession. But the Swiss law of his residence on the day the agreement was established applies to the validity of that agreement.