Certain questions regarding the choice of law applicable to succession

Abstract

Since the application of the European Regulation on Succession (EU Regulation 650/2012), the choice of law in the field of succession law has also become possible. The study presents the rules of choice of law under the Regulation, with particular reference to the implied choice of law, which is illustrated by specific examples. In examining certain issues arising in the context of choice of law in Hungarian notarial practice, the author specifically discusses the cases in which it is appropriate for the person making the will to make a choice of law. He draws attention to the need to proceed with caution in cases where the person making the disposition of property also owns a property in a third state. In the context of the forthcoming review of the Regulation, the study makes suggestions to facilitate a smoother application of the instrument. In the author's view, it would be useful for the legislator to remove the prohibition of partial choice of law and to extend the range of laws to be chosen.