New EU-Regulation allows Picking of Inheritance Law

ORF II ZIB 2 - 20. 03. 2015

The succession of a person who dies on or after August 17, 2015 comes under new EU-regulation. According to the new regulation, the applicable inheritance law and the international jurisdiction of the competent surrogate court shall depend on the deceased person’s “habitual residence”. The deceased is, however, given the power to choose the law of his or her citizenship. EU-law and ECJ case law laid down in another legal context may indicate, to construe the element of “habitual residence” in terms of “domicile”. Such reading could ban the hazards of abusive forum shopping and legal uncertainties.
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