If you’re a UK national with a property in Europe or planning to buy one, you may have come across something called the Brussels IV agreement. It might sound like a diplomatic summit, but it’s actually a bit of EU law that could make a big difference to how your estate is dealt with after you’re gone.
Brussels IV (EU Succession Regulation) lets UK nationals with property in EU countries choose for their UK will—and UK law—to apply to their whole estate, helping avoid local forced heirship rules. But it only works if you clearly state this choice in your will.
If you have a holiday home in Europe, read on. I’ll break it down in its simplest form and take a look at how Brussels IV might affect your will. While succession law can seem daunting, with a little guidance and forward planning, it’s quite manageable.
What is the purpose of the Brussels IV?
Brussels IV – officially known as the European Succession Regulation – came into effect in August 2015. Its main aim is to make dealing with cross-border estates much simpler. In other words, it was brought in to help unify succession laws across EU member states.
Brussels IV allows individuals to choose which country’s law should apply to their estate – typically the law of their nationality or a country they are closely connected to, such as where they live permanently or have strong family ties.
Who has opted out of Brussels IV?
Now, here’s where it gets interesting. Not every country plays by the same rules. The UK – along with Ireland and Denmark – chose not to adopt the Brussels IV Agreement. So, the regulation doesn’t apply automatically in England and Wales, Scotland, or Northern Ireland.
However, even though we’re not signed up, Brussels IV can still have an impact on UK nationals who own assets in other EU countries that signed up. That’s why understanding how it works is so important if you’ve got property abroad.
How does Brussels IV affect UK nationals?
Succession law works differently in some EU countries. Some have ‘forced heirship’ rules, restricting your ability to leave property to whoever you like. French forced heirship rules, for example, state that a proportion of your estate must go to your children or other family members, whether you want that or not.
If you’re a UK citizen and you own property in an EU state – like France – Brussels IV gives you the chance to make a “choice of law” in your will. That means you can state that you’d like English law to apply to your estate, rather than French law.
By making a clear choice of law in your will, you can preserve your testamentary freedom and ensure your wishes are followed – provided you’ve done everything correctly.
Example: If I’m a UK national with a property in Italy, can I use Brussels IV to ensure my UK will applies?
Yes, you can – and it’s a smart move. Let’s say you’re a UK national, whose habitual residence is in England, and you own a lovely villa in Tuscany. You’d rather that your estate is dealt with under English law – where you’re free to leave your assets to your surviving spouse, grandchildren, or even a charity, rather than following Italian heirship rules.
You can make a choice of law in your will to ensure English law applies. If your will is properly drafted and valid under English law, the Italian authorities should respect that choice under Brussels IV. Of course, there are some caveats – especially when it comes to immoveable property like land or buildings – so always seek local advice as well.
Should I update my will if I own assets in the EU?
If you’ve got an existing will and you’ve bought property in an EU country since it was made, then yes – it’s definitely worth reviewing your will. Brussels IV won’t automatically apply unless you’ve made a clear and valid choice of law.
It’s also a good opportunity to make sure your wishes still reflect your circumstances. Are your executors still suitable? Have your beneficiaries changed? Have you made arrangements for your property abroad?
A professional will-writer or solicitor with experience in cross-border estates can help you make any updates needed to cover assets in the UK and abroad.
Do I need a separate will for my property in an EU country?
This depends on the complexity of your estate and the country in question. Some people prefer to have one UK will that includes a valid choice of law and covers their worldwide estate. Others find it simpler to have a separate will dealing only with their foreign property, written in the local language and in line with local rules.
There are pros and cons to each approach. Separate wills can speed up estate administration in the country where the property is located – but they must be carefully coordinated to avoid conflicts between them.
Whatever you decide, don’t go it alone. A legal adviser familiar with both English law and the law of the country where your assets are can help ensure everything is in order.
Need advice? Get in touch with MW Legal
If you’ve got a holiday home in Spain, a retirement apartment in France, or any other assets situated in an EU member state, it’s well worth getting your will checked – or updated – with Brussels IV in mind.
We can help you make sense of succession laws, choose the right law for your estate, and plan for future generations. Get in touch for tailored advice on tax planning, estate administration, and making sure your final wishes are respected across borders.
Frequently asked questions – how does Brussels IV affect wills in the UK?
Does Brussels IV still apply after Brexit?
Yes, it does – but only in a limited way. Although the UK is no longer part of the EU, Brussels IV still applies in the EU countries that signed up to it. So if you’re a UK citizen with assets in one of those countries, the regulation still affects how your estate is treated there – especially if you’ve made a choice of law in your Will.
How does Brussels IV affect inheritance tax?
Brussels IV is all about succession law – in other words, who inherits what. It doesn’t change the rules on UK inheritance tax. That’s still governed by the national law of the country in question and UK tax laws.
So, if you’re dealing with both English inheritance tax and local taxes in, say, Spain or France, you’ll need to consider both systems. Coordinated tax planning can help reduce the overall tax burden on your estate – and that’s something our team can guide you on.
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