What is a cross-border inheritance case?
September 8, 2026
A cross-border inheritance case is an inheritance matter that has a connection to more than one country.
For example:
- a person owned an apartment in Latvia but was permanently residing in Germany at the time of their death;
- a person was a Latvian citizen but permanently resided in France;
- the deceased lived in Spain, while the heirs and part of the estate are located in Latvia;
- the estate includes property located in several EU Member States.
It was precisely to regulate such issues that Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 was adopted. The Regulation concerns jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession, and the creation of a European Certificate of Succession.
In such situations, a legal question arises: which country should handle the inheritance proceedings, and which country’s law should apply?
Why was this Regulation needed?
The purpose of Regulation No 650/2012 is to avoid a situation where several different national inheritance procedures have to be conducted simultaneously. The idea behind the Regulation is relatively simple: when an inheritance is connected with several EU Member States, it is necessary to determine in advance which country has jurisdiction, which law applies, and how the outcome of the inheritance proceedings can be used in another country.
Regulation No 650/2012 addresses four main issues:
- Determining jurisdiction.
Which country has jurisdiction, i.e. which state and its authorities should handle the inheritance proceedings? This is a question of jurisdiction. - Determining the applicable law.
Which country’s law should be applied to determine the heirs, their shares, inheritance rights, and other matters relating to succession? This is a question of applicable law.It is very important to note that jurisdiction and applicable law are not the same thing. For example, inheritance proceedings may be handled by a competent authority in one country while, under the Regulation’s rules, the law of another country may apply. - Ensuring recognition of the outcome in other EU Member States.
The Regulation establishes common rules for the recognition and enforcement of decisions and other outcomes of inheritance proceedings in other participating Member States. - Providing heirs with a document confirming their rights in another country.
The Regulation introduced the European Certificate of Succession — a Europe-wide document that allows an heir to establish their status and inheritance rights in another EU Member State, without having to effectively start inheritance proceedings all over again in every country where the deceased owned property.
Choice of applicable law
One of the key principles of the Regulation is that the main connecting factor for determining the applicable law is the deceased’s habitual residence at the time of death.
Therefore, it is not sufficient simply to say: “Since the property is located in Latvia, Latvian law applies.” Instead, the Regulation takes a broader approach to succession as a whole. Determining the applicable law depends on the answer to the question: “Where did the person actually live, or where was the centre of their life and interests, at the time of death?”
But can a person choose the law of their own country in advance?
This is where an important mechanism of the Regulation comes into play — choice of law. Under certain conditions, Regulation No 650/2012 allows a person to choose in advance the law of the country of which they are a national. Subject to the requirements of the Regulation, a person may arrange for their succession to be governed by the law of their country of nationality.
This is known as professio juris, or a choice of law.
This is a particularly important aspect of understanding the European system of succession law: habitual residence and nationality are not the same thing, and the Regulation takes both factors into account.
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