ENSURING THE WELL-BEING OF THE FAMILY THROUGH ESTATE PLANNING: CHOOSING THE APPLICABLE LAW IN MATTERS OF SUCCESSION AND MATRIMONIAL PROPERTY REGIME
ENSURING THE WELL-BEING OF THE FAMILY THROUGH ESTATE PLANNING: CHOOSING THE APPLICABLE LAW IN MATTERS OF SUCCESSION AND MATRIMONIAL PROPERTY REGIME

Summary/Abstract: The death of a married person coincides not only with the termination of the matrimonial regime under which this person was married, but also with the opening of the inheritance. While the law applicable in matters of succession as a whole is determined according to Regulation (EU) No 650/2012, the law applicable in matters of matrimonial property regime is nowadays determined according to the Romanian Civil code, but soon it will be determined according to Council Regulation (EU) 2016/1103. Thus, although the liquidation of the matrimonial regime and the inheritance concern the same person, the law applicable in matters of matrimonial property regime is not always the same law as the law applicable in matters of succession. That’s why this short study aims to present how the applicable law is determined in the EU current and future legal frame, as well as what correlation could be established between the law applicable in matters of matrimonial property regime and the law applicable in matters of succession.

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