Codicil stating Brussels IV applies

Trusts Discussion
1

I have been asked to advise on a will. The will is English and states that it only governs assets in the UK and only revokes will previously made in the UK. The deceased held immovable property in France. The will confirms that a French will deals with the French assets. The deceased then executed a codicil stating that the the law of England pursuant to EU Regulation 650/2012 is to govern the devotion of their French estate.

My immediate feeling is that the codicil only relates to the English will and the English will states that it only governs the assets in the UK and therefore the French immovable property will be governed by the French will.

Without having too many details, is this the correct basic interpretation of this, or can the Regulation be elected despite the will only covering the UK assets?

Any advice or pointing in the right direction would be much appreciated.

Amelia Bell
Russell-Cooke

2

Feelings and instinct here can be deceptive.

is the testator habitually resident the United Kingdom, or did they opt for the law of their British allocated English nationality?

The answer to that question will dictate the eventual reply.

Peter Harris
www.overseaschambers.com