Brussels IV Regulation is the new statute that applies to European Union nations that do not opt of the plan and controls the choice of law for intestacy and wills. Under the new regulations, the laws of the primary country of “habitual residence” will control death transfers of property which could lead to problems for the many Europeans who reside in other countries while in retirement. However, Brussels IV Regulation allows for a will to override the presumption and the testator to dictate that the laws of their nationality be used instead. This allows a person to write one will that sets which country’s inheritance laws will be used and avoids the need to comply with the laws of multiple countries.
See Adrian Bishop, How legal changes over European wills affect foreign property owners, Opp. Today, September 15,2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
