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Succession Law (International)

Also known as: International Succession Law, Cross-Border Succession

Definition

International succession law is the set of legal rules determining which country's inheritance laws apply to your estate when you have assets or connections in multiple countries.

Understanding these rules is essential if you own property abroad, live overseas, or have significant assets in more than one jurisdiction.

What Does Succession Law (International) Mean?

International succession law refers to the conflict of laws rules that determine which country's succession law governs your estate when you have connections to multiple jurisdictions. In England and Wales, these rules are based on common law principles that distinguish between two types of property. Movable property (money, shares, investments, personal belongings) follows the law of your domicile at death, while immovable property (land and buildings) follows the lex situs—the law of the country where the property is physically located. This means your estate can be subject to multiple countries' succession laws simultaneously.

Consider Sarah, 58, who lives in London with UK domicile but owns a holiday apartment in France worth €280,000. When Sarah dies, her UK bank accounts (£150,000) and investments (£80,000) will follow English succession law because these are movable assets and she's UK-domiciled. However, her French apartment follows French succession law under the lex situs rule. Under French forced heirship rules, 75% of that apartment must pass to her two children regardless of her will's instructions. Using the Brussels IV Regulation, Sarah could elect for English law to apply to her French property, but this must be explicitly stated in her will.

The EU Succession Regulation (Brussels IV) came into effect in August 2015 across most EU member states, using habitual residence as the default rule for determining applicable succession law. However, the UK, Ireland, and Denmark did not adopt this regulation. Despite the UK's opt-out, UK nationals with assets in EU member states can still benefit from Brussels IV by electing for English law to apply to their EU assets—potentially avoiding forced heirship rules that require fixed percentages to pass to children.

International succession law becomes critical for several groups: British expats who retain UK domicile while living abroad, UK nationals who own overseas property, foreign nationals living in the UK with assets in multiple countries, and anyone facing potential inheritance tax in more than one jurisdiction. Many people with substantial cross-border estates create separate wills for assets in different countries to simplify administration and address conflicting legal requirements.

Common Questions

"Which country's laws apply when I die with assets in multiple countries?" In the UK, succession to movable assets (money, shares, investments) is governed by the law of your domicile at death, while immovable assets (property, land) are governed by the law where they're physically located. This means your estate could be subject to multiple countries' succession laws simultaneously, with each jurisdiction's rules applying to different parts of your estate.

"Does the EU Succession Regulation (Brussels IV) apply to my UK estate?" No, the UK, Ireland, and Denmark did not adopt the EU Succession Regulation (Brussels IV) which came into effect in 2015. However, if you're a UK national with assets in EU member states, you may be able to use the regulation to choose English law to govern those assets, potentially avoiding forced heirship rules.

"What happens if I own property in France or Spain where forced heirship applies?" Properties in countries with forced heirship rules (like France or Spain) are subject to local succession laws, which typically require 50-75% of your assets to pass to your children regardless of your will. The EU Succession Regulation allows you to elect for UK law to apply, but this must be explicitly stated in your will with proper legal wording.

Common Misconceptions

Myth: "If I make a UK will, it covers all my worldwide assets under UK law."

Reality: A UK will can dispose of your worldwide assets, but each asset remains subject to the succession law of its relevant jurisdiction. Your Spanish property follows Spanish law, your French apartment follows French law, even if they're mentioned in your UK will. You need specialist advice to ensure your UK will doesn't conflict with local forced heirship rules that override testamentary freedom.

Myth: "The EU Succession Regulation (Brussels IV) simplifies things for UK estates with EU assets."

Reality: The UK did not adopt Brussels IV, so it doesn't directly apply to UK estates. However, UK nationals with assets in EU member states can still benefit from the regulation by electing for UK law to apply to their EU assets—but this election must be explicitly stated in their will using specific legal language recognized under the regulation.

  • Forced Heirship: The primary challenge in international succession—many civil law countries mandate that 50-75% must pass to children regardless of your will's instructions.
  • Brussels IV Regulation: The EU law allowing choice of law for succession matters based on nationality that UK nationals can use for EU assets despite the UK's opt-out.
  • Domicile: The primary connecting factor in UK conflict of laws rules that determines which law governs succession to movable property.
  • Overseas Property: Immovable assets subject to the lex situs rule meaning foreign property follows local succession law regardless of your domicile.
  • International Estate Planning: The broader strategic approach to managing cross-border estate issues based on international succession law principles.

Need Help with Your Will?

Understanding international succession law is essential when you have assets in multiple countries, as different parts of your estate may be subject to different legal systems with conflicting rules.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.