1. Deaths that occurred on or after 17 August 2015
In cases of deaths that occurred on or after 17 August 2015, EU Regulation No. 650/2012 on succession applies. All national provisions prior to the enactment of the Regulation (e.g., Art. 25(1) EGBGB; Art. 28 Greek Civil Code) are no longer applicable to these cases.
Art. 21 sets out the general rule that the succession is governed as a whole by the law of the state in which the decedent had their habitual residence at the time of their death, unless the decedent was manifestly more closely connected with another state. If so, the law of that other state applies.
Under Art. 22, a testator may, by a disposition of property upon death (e.g., a will), choose the law of their nationality to govern the succession. The chosen law must be expressly designated in the will or clearly inferred from its terms.
The Regulation applies even when the designated law is that of a non‑EU country. Example: a German national who had their last habitual residence in the United States and did not stipulate a valid choice of law in their will, their will shall be governed by U.S. law—subject the considerations of Art. 21(2), such as a very brief stay in the U.S. while all assets and income are located in Germany, which could point to the application of German law.
2. Deaths that occurred prior to 17 August 2015
For estate administrations after 17 August 2015 concerning deaths that occurred before that date, the EU Succession Regulation does not apply. Instead, national conflict-of-laws rules apply, such as Article 25 of the EGBGB (Germany) and Article 28 of the Greek Civil Code.
2.1 Art. 25(1) EGBGB (Introductory Act to the German Civil Code)
Succession is governed by the law of the state of the decedent’ nationality at the time of their death. In cases where the German decedent cannot freely choose the applicable law, Art. 25(2) EGBGB provides a limited choice: for immovable property located in Germany, the decedent may, by a disposition upon death, choose German law. However, the choice of foreign law is excluded. This choice of law generally has effect only within Germany.
Abroad, the choice of German law applies only if the foreign conflict-of-law rules refer to German private international law (PIL), or if the foreign legal system allows for a similar choice. Conversely, a choice made under foreign conflict rules is recognized under German PIL. A choice limited to part of the German immovable estate is also valid. The choice must be made in a disposition upon death (e.g., a holographic will). Revocation of the choice follows the law chosen, in analogy to international contract law. A valid choice results in the application of the substantive rules of the chosen law and may lead to a split estate—German law applying to immovables in Germany, and the law of the decedent’s nationality applying to the remainder under Article 25(1) EGBGB
2.2 Art. 28 Greek Civil Code
Similar to Art. 25 EGBGB, Art. 28 GCC considers the decedent’s nationality at the time of death. Inheritance relations of Greek decedents are governed by Greek law, including aspects such as the time of devolution, types of acquisition, grounds of succession, and capacity to inherit. Particular features apply regarding the Greek forced share and will formalities.
For Greeks residing abroad, Art. 21 of Law 1738/1987 provides that Greek nationals who resided abroad for at least 25 consecutive years prior to their death are exempt from the Greek forced‑share restrictions— an exception to Art. 28 GCC. Another exception concerns will formalities: instead of Art. 28 GCC, the 1961 Hague Convention on the Form of Testamentary Dispositions applies. Consistent with this, Art. 11 GCC requires that, at the time the will is made, its form must conform either to the law governing its content, the law of the place where it is made, or the national law of all parties involved. Accordingly, a will made abroad by a Greek national is valid if these conditions are met.
(As of March 2023. All information provided without guarantee.)
