European inheritance law regulation

With effect from 17 August 2015, the European Inheritance Law Regulation is applicable. Based on this regulation, the law applicable to an estate is mandatory for almost all EU countries. This is a great advantage because it prevents that when someone dies with the nationality of country A, who has his permanent residence in country B and has a holiday home in country C , multiple legal systems apply.

By the regulation, the law of the deceased's habitual place of residence and domicile at the time of his death applies to the inheritance and settlement of his estate. This is different only if the deceased chose the law of his own nationality in a will. If a person chose another law before 17 August 2015 and that choice of law was valid at the time, it will also be followed.

Another consequence of the regulation is that a European certificate of inheritance can be issued. In the Netherlands, this is done by the notary. This European certificate of inheritance must then be accepted in all EU countries.

For more information on the European Certificate of Succession Regulation, choice of law and the European Certificate of Succession, please contact us. We will be happy to help.