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16/10/2009
EU move over wills |
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Wills will be applicable according to the law of the land where they are from, irrespective of where in the European Union (EU) a person resides, under proposed new regulations.
The European Commission has decided to institute such an arrangement in order to avoid the cross-border confusion that could arise when a person from one country lives and dies in another, as some provisions of a will could be inadmissible in certain countries.
Its plan will also see certificates being provided to allow heirs and administrators to be recognised in other EU countries as the legitimate executors of the documents.
Justice commissioner Jacques Barrot said: "It is imperative that citizens and legal practitioners be able to understand and, to a certain extent, choose the rules applicable to the assets making up a succession, wherever they may be located."
Those wishing to make a will who may move abroad could now go ahead with seeing a solicitor skilled in will drafting in the knowledge that UK law will apply to it.
Such arrangements may involve trusts, which director of independent financial advisory firm Ark Financial Planning Phil Perry said are a key component in ensuring inheritances cannot be questioned.
Unlike wills, these are not legally challengeable, he noted last month.
Written by Laurence Smith
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