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The Last Habitual Residence of the Deceased as the Principal Connecting Factor in the Context of the Succession Regulation (650/2012)

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  • Atallah Max

    (Tallinn Law School, Tallinn University of Technology Akadeemia tee 3, Tallinn 12618, Estonia)

Abstract

The objective of this study was to gather information about the last habitual residence (LHR) of the deceased in the context of the upcoming EU Succession Regulation. In addition, the aim was to analyze the adequacy of the legally undefined LHR as the principal connecting factor in cross-border succession within the EU. This study was carried out as a part of a bachelor thesis conducted on the same subject. The data were collected from relevant jurisprudence, international law, national acts, the EU published materials and case law. These results suggest that the legally undefined LHR is an unstable connecting factor for the purposes of the Succession Regulation, since it cannot guarantee sufficient legal certainty, and hence, the EU citizens are not able to fully utilize their right to free movement. The findings indicate that there might be a need to amend a legal definition for the LHR, not only for the EU Member States to be able to apply the concept in an harmonized way, but also for the EU citizens to know whether they are considered habitually resident in a state or not.

Suggested Citation

  • Atallah Max, 2015. "The Last Habitual Residence of the Deceased as the Principal Connecting Factor in the Context of the Succession Regulation (650/2012)," TalTech Journal of European Studies, Sciendo, vol. 5(2), pages 130-146, October.
    • Handle: RePEc:vrs:bjeust:v:5:y:2015:i:2:p:130-146:n:8
    DOI: 10.1515/bjes-2015-0017
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