Which law is applied to the succession in the German-Italian succession?
From both an Italian and a German perspective, the law applicable to inheritance cases from 17 August 2015 is determined in accordance with the rules of the European Succession Regulation (EuErbVO). According to Article 21 of the EU Succession Regulation, the habitual residence of the deceased is taken into account. This is the place where the deceased actually resided and intended to reside at the time of death and where he or she was socially integrated.
However, a possible choice of law by the testator would take precedence, which would have to be examined specifically. Further information - with examples - can be found in our Article on the applicable law under the EU Succession Regulation.