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EU Succession Regulation 650/2012 determines which country's law governs a succession in EU countries. UK nationals can elect UK law to govern their EU property. The European Certificate of Succession allows proof of heirship across all EU member states.
EU Succession Regulation 650/2012 — often called Brussels IV — is one of the most significant developments in EU private international law in decades. It created a uniform set of rules determining which country's succession law applies to deaths with cross-border elements, and introduced the European Certificate of Succession as a tool for proving heirship across EU borders.
This guide explains how Brussels IV works, the key rules on habitual residence, the nationality election, the European Certificate of Succession, and the UK's position post-Brexit.
Before Brussels IV, each EU member state had its own private international law rules for determining which law governed succession. These rules varied enormously — some countries used the law of nationality (Germany, Italy, France for movables), others used the law of domicile, and some used lex situs for all property.
Brussels IV introduced a single uniform rule: from 17 August 2015, the default rule is that the law of the country where the deceased was habitually resident at death governs the entire succession — both movable and immovable property.
This means:
Article 22 of Brussels IV allows any person (regardless of nationality or residence) to elect the law of their nationality to govern their succession in EU countries, overriding the default habitual residence rule.
How the election works:
For UK nationals, the most important use of Article 22 is to elect UK law to potentially disapply forced heirship in EU countries where they own property. For specific countries, see our guides on French property, Spanish property, Italian property, and German property.
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One of the most practical innovations of Brussels IV is the European Certificate of Succession (ECS). This is a document issued by a court, notary, or authority in an EU member state that certifies:
Once issued, the ECS is recognised in all EU member states automatically — no further legalisation or apostille is needed within the EU. An heir with an ECS can present it to banks, land registries, or courts in any EU member state to prove their entitlement.
The ECS is issued by the authority in the EU member state that has jurisdiction under Brussels IV (typically the member state of habitual residence). UK nationals habitually resident in the UK at death cannot obtain an ECS from the UK (because the UK is not an EU member state and has not adopted Brussels IV).
However, a UK national habitually resident in France, Spain, or another EU member state at death can have an ECS issued in that country for use in all other EU member states.
The UK opted out of EU Succession Regulation 650/2012 before it came into force and this position was maintained after Brexit. This means:
For the UK probate process, see our guide to applying for probate and our complete UK probate guide. For document authentication, see our guide on obtaining an apostille for a foreign death certificate.
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