Do you own property or other assets in the EU? Learn how the new Brussels IV – EU Will Regulations will affect you…
- Do you own a property abroad
- Do you own a property abroad and live in it, but intend to come back to the UK eventually
- Do you own a property abroad and live in it, but intend to stay there
Have you made a Will in relation to your foreign property and if so, was it made in the country of the property?
If any of the above sounds familiar then you probably need to review your Will or replace your existing one with a Brussels IV Will. It is very probable that your Will is now invalid.
There is a new EU Regulation (known as Brussels IV) which becomes effective on 17 August 2015.
What does this mean?
This new regulation is meant to harmonise the succession planning of their properties and assets (Estates) across the countries in the EU.
Under Brussels IV, the succession laws of the country of a deceased person’s last habitual residence will apply to the estate as a whole.
It applies to assets situated in 25 of the 28 EU Member states (the exceptions being the UK, Republic of Ireland and Denmark, who have either opted-out or currently not chosen to opt-in).
However any person can elect by Will for their own national law of succession to apply instead. UK can therefore still use this concession as an EU country and can nominate to use UK law for the disposal of foreign EU property.
This is exceptionally useful as you will not be governed by foreign law, which states how it must be dispersed, but by UK law which allows freedom of choice.
What do you need to do?
We have our own specialist in this new directive from the EU.
The laws in the EU are different to UK law, and it is probable that some or all of your property may pass to the wrong person.
With our bespoke EU Will writing service we can make sure that the laws of the UK will be able to be acted upon for any of your foreign property, not the law of the country the property is situated in.
Please call us for a no obligation free consultation today or contact us for more information.