Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
The law applicable to the succession is that of the country where the deceased had his/her habitual residence at the time of his/her death. An exception exists in the case of real estate. Real estate is subject to the laws of the country where the property is located (principle of the division of the succession).
The laws of Luxembourg do not allow any derogation from this rule, which means that a testator cannot choose the applicable law for his/her succession.
Detailed information
Which criteria are used to determine the applicable law?
In the absence of a law or an international convention, private international law in Luxembourg on successions is based on case-law, which follows that of French jurisdictions, as France also does not have laws governing this matter. In the Grand Duchy of Luxembourg, a person’s nationality does not determine the law applying to their succession and the criterion for determining the applicable law for a succession may be two-fold:
-either the deceased’s domicile at the time of death for personal property,
-or, for real estate, the place where the property is located.
Which principles govern the choice of applicable law?
In the Grand Duchy of Luxembourg, it is not possible to choose the law applying to a succession.
What are the main international agreements in force?
- The Hague Convention of 5 October 1961, ratified in the Grand Duchy of Luxembourg by the law of 13 June 1978, on the conflicts of laws relating to the form of testamentary dispositions.
- Basel Convention on the establishment of a scheme of registration of wills concluded on 6 May 1972, ratified by the law of 29 March 1978.
