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 the law of the country where the deceased had, at the time of his/her death, his/her usual residence. There is an exception for immoveables; they are subject to the law of the State where they are located.
Lithuanian law does not allow another applicable law to be chosen.

Detailed information

Which criteria are used to determine the applicable law?
The capacity of making, amending or revoking a will is governed by the law of the state of the testator’s domicile. If a person has no domicile or it is not possible to determine, the capacity of such a person is governed by the law of the state where the will is made (§ 1.60 CC). The form of a will, its amendment or revocation is governed by the law of the state where these acts are performed (§ 1.61 CC).

Other legal relationships of succession, with the exception of those related to succession of real property, is governed by the law of the state of domicile of the deceased at the time of his/her death. Relations of succession in respect of real property are governed by the law of the state where the real property is located. Where a succession is opened by the death of a citizen of Lithuania, irrespective of the applicable law, his/her heirs residing in Lithuania and in possession of the right to the mandatory share of succession inherit this part according to Lithuanian laws, except the real property (§ 1.62 CC).

Renvoi: if the applicable foreign law refers back to the Lithuanian law, that reference shall be observed only in the instances provided for by CC or the foreign law. More detailed provisions relative to the applicable law are outlined in § 1.14 CC.

Which principles govern the choice of applicable law?
Lithuanian law does not provide for the choice of applicable law. However, the general principles determining the applicable law (deriving from the rules mentioned above) are these:
• law of the state of domicile of the testator;
• law of the state where the act is performed (a will, its amendment or revocation);
• law of the state of the testator’s nationality when the act was performed;
• law of the state of the testator’s residence at the time when the act was performed or at the time of his/her death;
• law of the state where the real property is located;
• law of the state of domicile of the deceased at the time of his/her death.

What are the main international agreements in force?
The main international agreements are:

  • The European Agreement on the Transmission of Applications for Legal Aid

    • (Signed 14 April 1994; Ratified 13 February 1996; came into force in Lithuania on 17 November 1996);
  • The Republic of Lithuania has signed bilateral treaties with Armenia, Azerbaijan, Belorussia, China, Estonia, Kazakhstan, Latvia, Moldova, Poland, Russian Federation, Turkey, Ukraine and Uzbekistan on the Legal Aid and Legal Relations in Civil, Family and Criminal Cases.

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