Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
This depends on the deceased’s usual place of residence. Indeed, the law applicable to the succession is that of the country where the deceased had, at the time of his/her death, his/her usual place of residence (‘principle of the unity of succession’).
Estonian law also enables the choice of the law applicable to the succession. The choice of the law is, however, limited to the law of the state of which the person has nationality. Moreover, this choice does not extend to immovables.
Detailed information
Which criteria are used to determine the applicable law?
According to the Private International Law Act § 24 a succession shall be governed by the law of the last state of residence of the deceased (principle of the unity of succession).
Which principles govern the choice of applicable law?
According to the Private International Law Act § 25 a person may make a disposition in his/her will or a succession contract that the law of the state of his/her citizenship apply to his/her estate. Such disposition shall be invalid if the person is no longer a citizen of the corresponding state at the moment of his/her death.
What are the main international agreements in force?
The Hague Convention of 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions applies to the form of a will.
Basel Convention of 16 Mai 1972 on the Establishment of a Scheme of Registration of Wills.
