European Succession Certificate: EU Regulation 650/2012 Explained

What Brussels IV Does

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:

• A German national habitually resident in Spain at death: Spanish succession law governs everything (unless a nationality election was made)
• A UK national habitually resident in France at death: French succession law governs everything (including forced heirship) unless a UK law election was made
• A French national habitually resident in the UK at death: as the UK opted out of Brussels IV, UK courts will apply UK private international law (which uses domicile as the connecting factor for movables and lex situs for immovables); French courts will apply Brussels IV and potentially look to UK law

The Nationality Election: Article 22

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:

• The election must be made expressly in a will (or amended will). A statement such as “I elect the law of England and Wales to govern my succession” or similar wording is sufficient if properly executed
• The election must be of the law of the person's nationality at the time the will is made or at death. A UK national can elect UK law; a French national can elect French law
• If the person has dual nationality, they can elect either nationality's law — see our guide on dual nationality and probate
• The election applies to the entire succession in all EU member states — not just to property in a particular country

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.

The European Certificate of Succession

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:

• The identity of the deceased's heirs and legatees
• The shares and specific items each is entitled to receive
• The identity of any executor or administrator and their powers

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's Post-Brexit Position

The UK opted out of EU Succession Regulation 650/2012 before it came into force and this position was maintained after Brexit. This means:

• UK courts do not apply Brussels IV rules to succession cases before them — they continue to use English private international law rules (domicile for movables, lex situs for immovables)
• EU member states do apply Brussels IV to successions involving UK nationals or UK-resident persons — this is a one-way relationship
• An Article 22 election of UK law in a UK national's will is still valid and should be respected by EU member state courts and notaries — Brussels IV applies to all successions, not just EU citizen successions
• The European Certificate of Succession is not available from UK authorities; a UK Grant of Probate must be used instead (with apostille) for EU proceedings

Practical Implications for UK Citizens with EU Property

• Include an Article 22 election of UK law in your will if you own EU property and want to potentially disapply EU forced heirship
• Have the will drafted (or reviewed) by a specialist in cross-border successions who understands Brussels IV
• Consider whether a separate local will for each EU country is also needed alongside the Brussels IV election will
• For questions about multiple wills, see our guide on multiple wills for different jurisdictions
• After a death, apply for UK Grant of Probate and use it (with apostille) for EU proceedings — you cannot obtain an ECS from UK authorities

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.

Get started with Farra for a personalised estate administration task list.