New rules brought in by the European Commission now allow individuals across EU member states to choose whether their foreign assets will be governed under local succession rules, or those in their country of nationality. This could be beneficial to UK nationals, particularly as most EU member states have a form of “forced heirship”, where at least a share of property and other assets must be left to certain members of the immediate family, usually a child or spouse.

The new European Succession Regulation, known as Brussels IV, allows individuals to choose the law governing the succession of their EU assets on death. Under English law, you can usually leave your property to who you want under your Will, and would therefore not be forced to follow “forced heirship” rules. If you have a connection with an EU member state, Brussels IV may change what happens to your estate when you die. Brussels IV will affect you if both of the following apply: You have connections with more than one country (for example, you have a property abroad or you are a national of one country but live in another); and at least one of the countries concerned is an EU member state where the Regulation applies (that is, any EU state except for the UK, Ireland or Denmark). An example would be if you lived and worked in the UK, but had a holiday home in France.

If you are a UK national, you can choose to apply the law of the jurisdiction within the UK with which you are most closely connected (that is, England and Wales, Scotland or Northern Ireland). You need to make this election in your Will. For many people, choosing to apply the law of their nationality will ensure that their estate is governed by the law with which they are most familiar.

The benefits of Brussels IV give you have the ability to control the succession of your EU assets by making an election for UK law to apply; for example, as a UK national, you have the ability to avoid the “forced heirship” rules which are applied in most EU countries. In addition, Brussels IV allows you the freedom to leave your EU assets as you wish; meaning it is now unnecessary to make multiple Wills dealing with assets in different countries. In many cases, it will now be possible to have one Will which deals with all EU assets.

Whatever the case, if you hold assets in the EU, it is important to take legal advice from a Wills solicitor in relation to the above changes, and to make any necessary amendments to your Will.