EU law of succession regulation applies to deaths in Germany from 17 August 2015 onwards
> May 2015

The EU law of succession regulation has entered into effect on the 20th day after its publication in the EU official gazette purs. to sect. 84 sub-para. 1 EU-ErbVO. The regulation was published on 27 July 2012, so that it entered into effect on 16 August 2012. Pursuant to sect. 84 sub-para. 2 EU-ErbVO, the regulation will be binding in all member states after a 3-years' transfer period. In the EU-states (apart from the United Kingdom, Ireland and Denmark), the courts and other bodies will have to evaluate which national law is to be applied in inheritance cases with foreign involvement from 17 August 2015 onwards.

Basis "habitual residence":
The legal succession due to death is subject to the state in which the testator had his last habitual pace of residence (purs to sect. 21 EU-ErbVO) from 17 August 2015 onwards. This may specifically affect Germans who regularly visit their summer homes in Denmark (Spain, Netherlands, etc.). Foreign legal rules may deviate considerably from the German statutory inheritance.

Result:
If a German wants to have German law apply to his or her estate, he or she will in future have to declare the corresponding choice of law.

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