The EU Regulation on successions does not apply only to EU citizens but is universally applicable. For any citizen residing in one the EU Member States, according to the system in force in the States which have signed the Regulation, the applicable law governing the succession shall be that of the place where the citizen is residing; in the same way for a European citizen residing, for example, in China, the applicable law is the Chinese one. A lot of people live without awareness of this situation and ignorance on the issue gets worse because the Regulation prefers a factual element, the effective residence, in place of a formal one, the registry data. That is, therefore, why the decision of spending the old age in a different Country could not only change the rules of the future succession but also affect the previous donations.
More aware people know that, according to article
The EU Regulation on successions does not apply only to EU citizens but is universally applicable. For any citizen residing in one the EU Member States, according to the system in force in the States which have signed the Regulation, the applicable law governing the succession shall be that of the place where the citizen is residing; in the same way for a European citizen residing, for example, in China, the applicable law is the Chinese one. A lot of people live without awareness of this situation and ignorance on the issue gets worse because the Regulation prefers a factual element, the effective residence, in place of a formal one, the registry data. That is, therefore, why the decision of spending the old age in a different Country could not only change the rules of the future succession but also affect the previous donations.
More aware people know that, according to article 22 of the Regulation, they may choose the succession law of the State whose nationality they belong in lieu of the succession law determined by residence. Nevertheless, also this option can hide tricks able to produce unintentional results: the choice of law could be also implicit. More precisely, second paragraph states that “the choice shall be made expressly in a declaration in the form of a disposition of property upon death or shall be demonstrated by the terms of such a disposition”. Among first scholars commenting on the issue, broad interpretations of the latter phrase are not lacking. A lot of interpreters, for example (according to Whereas 39 of the Regulation), consider that drawing up a will in your home Country and with your own language, realizes the requirement of article 22 second paragraph, particularly if there are typical dispositions of that system: nonetheless, strictly speaking, the assumption derives from the context and not specifically from the dispositions. In conclusion there is the concrete danger that before a judge a presumed revocation is proven to be an implicit revocation. A practical tip can be clarifying your will on the point whenever a last will is undersigned, also with a negative statement which corresponds to the express will for not waiving the law of the place where one is residing. However, no one can expect the testator will be so meticulous without the help of a law professional. Transnational successions show, in any aspect, the need for a widespread consciousness of the clients thanks to lawyers and professionals, in first place by the notaries. 22 of the Regulation, they may choose the succession law of the State whose nationality they belong in lieu of the succession law determined by residence. Nevertheless, also this option can hide tricks able to produce unintentional results: the choice of law could be also implicit. More precisely, second paragraph states that “the choice shall be made expressly in a declaration in the form of a disposition of property upon death or shall be demonstrated by the terms of such a disposition”. Among first scholars commenting on the issue, broad interpretations of the latter phrase are not lacking. A lot of interpreters, for example (according to Whereas 39 of the Regulation), consider that drawing up a will in your home Country and with your own language, realizes the requirement of article 22 second paragraph, particularly if there are typical dispositions of that system: nonetheless, strictly speaking, the assumption derives from the context and not specifically from the dispositions. In conclusion there is the concrete danger that before a judge a presumed revocation is proven to be an implicit revocation. A practical tip can be clarifying your will on the point whenever a last will is undersigned, also with a negative statement which corresponds to the express will for not waiving the law of the place where one is residing. However, no one can expect the testator will be so meticulous without the help of a law professional. Transnational successions show, in any aspect, the need for a widespread consciousness of the clients thanks to lawyers and professionals, in first place by the notaries.
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