Ustalenie prawa właściwego w świetle rozporządzenia spadkowego nr 650/2012
Determining the applicable law in the light of Succession Regulation No. 650/2012

Summary/Abstract: Given the increased mobility of EU citizens, the European Parliament and the Council adopted the Succession Regulation on 4 July 2012 (Regulation (EU) No. 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession). The EU Succession Regulation was introduced with the aim of unifying succession laws across EU member states. The Succession Regulation introducesrules on the law governing inheritance matters. The article is an attempt to highlight the rules determining the applicable law. Succession Regulation provides a general rule that “the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death”. For persons who hold assets in those EU Member States which apply the Regulation, the default position is that the succession of those assets on death will be governed by the law of the country in which the person in question died habitually resident. Alternatively, such a person may opt for the law of their nationality to be applied to the succession and administration of their estates. This means that the choice of law will be included in the decedent’s will. All EU member states have signed up to the Regulation with the exception of the UK, Ireland and Denmark. The Regulation applied to deaths that occur on and after 17 August 2015.

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