Middle of next year, there is a serious change in the inheritance of most EU countries. From the 17th 8th 2015 can legally come to a Erbstatutenwechsel as is placed on the habitual residence of the deceased at the time of his death.
For successions up to this day the deceased is the question of who is heir to determine by consulting the norms of private international law; it depends about for Austrian, German and Italian citizens according to their national law, that the right of citizenship.
European Inheritance Law Regulation
Therefore, the national law of the deceased is in any case apply itself befindliches in these countries movable and immovable property. Only the way how the heritage can be purchased, based on the respective national law, where the relevant assets are located.
On 17.8.2015 occurs in all Member States except the UK, Ireland and Denmark, the European inheritance law in force. This will change for citizens in any case of countries whose inheritance geared to the citizenship who live in other EU countries, the law of succession, without them it becomes aware. It automatically changes to the statute of habitual residence at time of death.
Place of vital interests
The concept of habitual residence is not defined in the EUErbVO; most likely among them will be to understand the place of the central life interest, ie the place where the testator is mainly resident, carrying on his business, the children go to school, etc. helpful in determining could Article 21 para. 2 be EUErbVO, which states that the law of that country shall apply to which the deceased from the totality of the circumstances had a closer relationship than to any other country.
For a longer business stay abroad therefore could the country where the content is based, be decisive for the to succession. Just below pensioners not so rare - difficult to then determine the applicable law, if the testator six months a year in Austria and about six months living in Sicily and Majorca is.
demand balance
But such legal uncertainty can be easily avoided: Article 22 ErbVO can namely to choose the law of citizenship. However, these must be made in a will, and now is possible.