The succession professio iuris in EU Regulation nº. 650/2012 from the perspective of succession planning: the insufficiency of nationality as the only eligible connecting element

Abstract

The topic is the European private international law of succession upon death. The delimitation is the possibility of choosing the law applicable to cross-border succession in the European Union. The problem is to verify whether the professio iuris provided for in Regulation (EU) nº. 650/2012 limited to the nationality of the person establishing the succession is sufficient to achieve the objective of succession planning. The hypothesis is negative, due to insufficiency. The research method is deductive. The research technique is bibliographic and documentary. The objective is to ascertain the eligible connecting elements necessary to promote succession planning, one of the purposes of the European Regulation. The results indicate the need to extend the professio iuris to other connecting elements as the law of habitual residence at the time of designation, the law applicable to the matrimonial regime and the law of the State in which certain assets are located.