EU Regulation 650/2012: Cross-Border Inheritance for UK & European Expats on the Costa Blanca
How EU Regulation 650/2012 (Brussels IV) affects cross-border succession for British, German & Scandinavian expats owning property in Alicante, Torrevieja and the Costa Blanca. Choice of law, European Certificate of Succession, and forced heirship explained by local lawyers.
Cross-border succession is one of the most complex areas of international private law. EU Regulation 650/2012 (the Brussels IV Regulation) has simplified matters for EU citizens but complications remain, especially for non-EU nationals.
The Default Rule: Habitual Residence
Under the regulation, the law of the deceased's habitual residence at death governs the entire succession. For a British expat living in Spain, this means Spanish succession law would apply by default.
Choice of Law (Professio Juris)
Crucially, you can choose the law of your nationality to govern your succession by making a declaration in your will. This is vital for:
- British nationals who want English/Scottish law to apply
- German nationals who wish to avoid Spanish forced heirship rules
- Any expat wanting certainty about how their estate will be distributed
European Certificate of Succession
The ECS is a standardised document that proves your status as heir across EU member states, making cross-border inheritance administration much simpler.
Forced Heirship Under Spanish Law
Spanish law reserves two-thirds of the estate for "forced heirs" (children). If Spanish law applies, you cannot freely leave your entire estate to your spouse.
Post-Brexit Implications for UK Nationals
Since Brexit, UK nationals can still choose English law, but the mechanism is now based on private international law principles rather than the EU Regulation directly.