19 October 2023 Issue 5 James Gribbin

Shaky ground

James Gribbin observes issues with the EU Succession Regulation that may lead to uncertainty in cross-border estate planning

Key points

What is the issue?

Recent developments in France and Germany come into direct conflict with the EU Succession Regulation.[1] In particular, they present a challenge for UK nationals who wish for English and Welsh succession law to apply to their EU-situs assets.

What does it mean for me?

When dealing with estates with a French or German connection, including an EU Succession Regulation choice-of-law election may no longer be sufficient to ensure a UK client’s testamentary freedom under their will.

What can I take away? 

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