Which country's law governs inheritance in the EU?

Under the EU Succession Regulation (650/2012), the law of the country where the deceased was habitually resident at death generally governs the entire succession. However, a person can choose in their will for the law of their nationality to apply instead.

What is a European Certificate of Succession?

It is a standardised document issued by a court or authority in an EU member state that allows heirs, legatees, and executors to prove their status and exercise their rights across the EU without needing separate proceedings in each country.

Can I disinherit my children under EU inheritance law?

The answer depends on which country's law applies. Many EU countries have 'forced heirship' rules (reserved shares) that protect spouses and children from being entirely disinherited. The applicable law will determine whether and to what extent these rules apply.

Inheritance and succession basics in the EU

Plain-language guide · reviewed for general accuracy · European Union

When someone dies with assets or family connections in more than one EU country, inheritance can become complicated. The EU Succession Regulation (No 650/2012) was introduced to simplify cross-border succession and reduce conflicts between national laws. Here is an overview of the key rules.

1. Which law applies to an EU cross-border succession?

Under the EU Succession Regulation, one single national law governs the entire succession — who inherits what, how the estate is administered, and what formalities apply. As a general rule, the law of the country where the deceased was habitually resident at the time of death applies. However, a person can choose in their will (or in a separate declaration) that the law of their nationality applies instead. This choice is respected by the courts of all EU member states that are party to the Regulation. Ireland and Denmark have opted out of the Regulation and apply their own conflict-of-law rules.

2. Wills and their validity

A will is generally valid in the EU if it complies with the law of the country where it was made, where the testator was a national, or where the testator was domiciled or habitually resident — either at the time of making the will or at the time of death. This broad rule means that a will made in one country is likely to be recognised in another. However, to minimise uncertainty, it is advisable to make a will that explicitly addresses which law you wish to govern your succession and to keep it up to date, especially if you move between countries.

3. Forced heirship — the "reserved share"

Many continental European countries have forced heirship rules: a portion of the estate (the "reserved share" or "réserve héréditaire") must go to certain close relatives — typically the spouse and children — and cannot be freely disposed of by will. For example, in France, children are "héritiers réservataires" who are entitled to a fixed share depending on how many there are. The applicable law chosen under the Succession Regulation determines whether and to what extent forced heirship rules apply. This is a critical consideration if you have assets or family members in a country with strong forced heirship traditions.

Tip: if you live in one EU country but are a national of another, you may want to explicitly choose your national law in your will if that law gives you more freedom to distribute your estate. Consult a notary or succession lawyer before making this choice.

4. The European Certificate of Succession

The European Certificate of Succession (ECS) is a standardised document introduced by the EU Succession Regulation. It allows heirs, legatees, executors, and administrators of an estate to prove their status and exercise their rights across the EU without having to open separate proceedings in each country. For example, if the deceased owned a bank account in Italy but the succession is being administered in Germany, the ECS allows the heir to access the Italian account. The certificate is issued by the court or competent authority handling the succession and is valid throughout the EU. It is intended for use across borders but can also be used domestically.

5. Practical steps after a death with cross-border elements

First, identify which country has jurisdiction — typically the country of the deceased's last habitual residence. Notify the relevant court or notary in that country. Gather all relevant documents: death certificate, will (if any), marriage certificate, birth certificates of children, property deeds, and bank statements in each country. You may need certified translations. If the deceased had property in another EU country, you will usually need the European Certificate of Succession to deal with it. Engage a notary or succession lawyer who is familiar with the EU Succession Regulation and ideally with the laws of the countries involved.

Common questions

Which country's law applies if a person dies with assets in several EU countries?: Normally the law of the deceased's last habitual residence governs the entire succession, but you can choose the law of your nationality in a valid will.
What is a reserved share and does it apply in all EU countries?: A reserved share means certain heirs (usually spouse and children) are entitled to a minimum portion of the estate. Many — but not all — EU countries follow this tradition. The applicable law determines whether it applies to your estate.
Do I need to open a separate probate case in each EU country where the deceased had assets?: Generally no — the succession is governed as a whole by one law and one court. The European Certificate of Succession helps you prove your rights across borders without separate proceedings.

Cross-border inheritance can be complex. Tell the assistant about the countries and assets involved for a plain-language starting point.

This guide is general information about EU succession law and is not legal advice. Inheritance rules are governed by the EU Succession Regulation and national law, and are subject to change. For your specific situation, consult a notary or a licensed succession lawyer in the relevant country.