Progressive Wills Ltd

New European Succession Law And Your Will
If you own a property in the European Union You Should Take Action Now To Benefit From New European Succession Law
Many people who own a property in the European Union (EU) may be aware that the law of the State where the property is situated generally dictates which law governs who receives the property when you die.
Many may also be aware that the system of law practised in most EU States is Civil law and that in most Civil law jurisdictions an individual’s property is subject to forced-heirship provisions. What this means in practice is that the legal system of the State where the property is situated dictates who receives your property when you die.
Put simply, if you have an English Will it is probably (at least partly) ineffective if it conflicts with forced-heirship rules insofar as any EU property is concerned.
The good news is that new EU Succession law (“EU Law”) has now made changes in a way that could be of great advantage to British owners of property in the EU.
Under EU Law, after 17th August 2015, any British national who owns a property in any participating EU State (and who has taken appropriate action before their death) can choose the law of their nationality to govern the devolution (who gets what when they die) of their EU estate (including their EU property).
EU Law will only benefit those British nationals who take appropriate action.
The ‘appropriate action’ is to include a provision in a new English Will stating that the dispositions in the Will (including any EU property) are to be governed according to the law of England and Wales.
If no action is taken your estate will not benefit from EU Law which in turn could mean your overseas property may not pass to your loved ones, regardless of what it says in your English Will.