How does the jurisdiction deal with conflict between its succession laws and those of another jurisdiction with which the deceased was connected or in which the deceased owned property?

Private Client

France Small Flag France

Before the EU Succession law entered into force (in 17 August 2015, see §14), France applied its law of succession to persons having his/her last habitual residence in France and to immovable properties located in France owned by non-French domiciled persons. Movables were governed by the law of the deceased’s place of domiciled. French courts accepted a renvoi back if, for example, immovable properties were located in another jurisdiction than France.

From 17 August 2015, French courts should only accept the renvoi back when either:

  • The law of succession is that of the deceased’s habitual domiciled at the time of his/her death and that no election for another law was made,
  • The law of succession is that of a third state (including Denmark, Ireland and the UK) where the EU Succession regulation does not apply,
  • The applicable law of succession refers:
    • to another law of a State where the EU succession Regulation either applies or
    • to a third state which would apply its domestic law.

Italy Small Flag Italy

If habitual residence is situated in a State not bound by the EU Succession Regulation, then Italian succession law may still be applicable to the extent that the private international law rules of such a State makes a renvoi to Italian succession law.

Israel Small Flag Israel

The Israeli courts have jurisdiction to deal with an estate when the deceased was an Israeli resident or if he left assets in Israel. Israeli law applies the law of the place of residence of the deceased on the estate. If the residency law refers to another law other than the Israeli law, then such reference will not be accepted and Israeli law will apply. Reference to the Israeli law will be accepted.

Greece Small Flag Greece

The critical factor -when it comes to applying succession law- is the nationality of the deceased.

However, according to the EU Succession Regulation 650/2012 [also known as Brussels IV] which entered into force in August 17th 2015 [Ireland, Denmark and the UK are not signatories], succession law of the jurisdiction that the deceased had their habitual residence might override the relevant Greek law.

Germany Small Flag Germany

A renvoi to German inheritance law by the conflict of law rules of another jurisdiction is accepted according to the EU Succession Regulation.

In respect to Turkey, Iran and the Russian Federation and other successor states of the Soviet Union bilateral conventions with individual conflict of laws rules apply.

Belgium Small Flag Belgium

The succession law that applies according to the European Succession Regulation can either be the law of an EU-country or a non-EU country (including the UK, Ireland and Denmark that do not participate in the Regulation). If the law of a non-EU country is applicable, its rules of private international law have to be followed. If those rules provide for renvoi, this should in principle be accepted, except e.g. if the deceased has made a valid choice of law.

British Virgin Islands Small Flag British Virgin Islands

See answer to question 12 above.

UAE Small Flag UAE

Shari’a law will always prevail unless a valid Will (implemented by a non-Muslim) is recognised.

New Zealand Small Flag New Zealand

A New Zealand Will may be created by a non-resident, and it may apply to property situated in New Zealand or overseas. New Zealand will also recognise foreign Wills that deal with New Zealand property. There is provision for the resealing of a foreign Will in the New Zealand.

If a non-resident has property in New Zealand and dies without a Will which deals with that property, that property will fall to be regulated by the Public Trustee according to New Zealand's intestacy rules.

Monaco Small Flag Monaco

According to the Monegasque rules of private international law set out in the Code on Private International Law (which entered into force on 8 July 2017), the succession is governed by the law of the State in which the deceased was domiciled at the time of his/her death.

A person may designate, for the settlement of his/her succession, the law of a State of which he/she is a national when the choice is made. The law applicable to the succession governs the succession as a whole, from its opening to the final transfer of the estate to the beneficiaries. This law governs the distribution of both the moveable and the immoveable estate.

The law applicable to the succession may not deprive an heir of the reserved share granted to him/her by the law of the State of which the deceased was a national at the time of the death, nor apply the reserved share to the succession of a person who, at the time of the death, was a national of a State whose law does not recognise forced heirship rights.

The Monegasque law no longer accepts the renvoi. Within the meaning of the Code on Private International Law, the law of a State means the rules of substantive law of that State, excluding its rules of private international law.

Updated: December 8, 2017