Brussels IV - Included in all new Wills made at TenMinuteWillEnglish common law means English testators can leave their assets to whomsoever they wish, (subject to the Inheritance Family Provisions legislation). This is known as ‘testamentary freedom’. In continental Europe, however, a big part of an estate (often around half) is reserved for the surviving children of the deceased and must be equally divided between them. This ‘forced heirship’ makes it impossible to disinherit financially irresponsible children; it also makes it hard to reward the deserving by, say, leaving more to a daughter who gave up a career to care for her ailing parents. Put more simply, a married couple may not leave ‘everything to each other’ upon first death. Also, ‘clawback’ laws in many countries stop parents from dodging forced heirship by giving assets away in their lifetime. This applies to gifts made in the last years of life (two years in Austria, ten in Germany), or much longer: in some countries, no time limit applies. If you are resident in England with real estate in France, for example, the laws of forced heirship would apply to that part of your estate in France. HOWEVER, on August 17th 2015 a new European regulation came into force. The new regulation is called Regulation 650/2012 but is more commonly known as ‘Brussels IV’. This regulation allows you to now override the ‘forced heirship’ succession laws in an EU country in which you hold assets and instead have the succession laws of the country of your nationality (or your country of residence - your choice) apply. In other words, if you take advantage of ‘Brussels IV’ then
Ireland and Denmark have opted out of this regulation, but if you have any assets in any other EU country then it is strongly recommended that your Will includes a clause to take advantage of ‘Brussels IV’. ALL NEW WILLS MADE AT TenMinuteWill ALLOW YOU TO INCLUDE SUCH A CLAUSE. ALL YOU HAVE TO DO IS SELECT THE RELEVANT OPTION IN THE ONLINE QUESTIONNAIRE AND OUR SOFTWARE DOES THE REST. Brussels IV has NOT been affected by BrexitNote: A ‘Brussels IV’ Will made using our service only overrides the succession laws in an EU country - it isn’t the best way of writing a Will for that EU country and we still advise a local Will in any foreign country in which you hold assets in addition to your Will made at TenMinuteWill - see here for further details. If you require further clarification on any of the above, please do not hesitate to contact us. |
