SUMMARY OF THE ARTICLE
1.- What are the principles of unity and universality of succession.
European Regulation 650/2012 enshrines two essential principles in international inheritance matters: unity and universality. The first establishes that a single law governs the succession. The second, that this law applies to all of the deceased’s assets, regardless of the country in which they are located.
2.- Why these principles matter in practice.
When a person dies leaving assets in different countries (Spain, France, Germany, etc.), there may be a temptation to fragment the estate: applying a different law to each part of the estate depending on where the assets are located. The European Regulation expressly prohibits this outcome. One single law for everything.
3.- What happens when these principles are not respected.
If the applicable law is not applied to all of the assets, serious conflicts may arise. Difficulties in the international recognition of the ruling and problems in the distribution of assets located abroad. Proper succession planning, with specialist legal advice, can prevent this.
When a person dies leaving assets in different countries, one of the first questions that arises is: which law governs the inheritance? The answer may seem complex. But European Regulation 650/2012 establishes a clear system, based on two fundamental principles that are not always known or respected: the unity and universality of succession. In this week’s article we examine what these principles mean and why they are so relevant in international inheritance matters. This Regulation applies in Spain, and it does for all the successions regardless of the nationality of the deceased.
What is the principle of unity of succession?
The principle of unity establishes that a succession must be governed by a single law. Not several. Not one law for assets in Spain and another for assets in France or Germany. One single law for the entire estate. Its purpose is to prevent the fragmentation of the succession and the conflicts that would inevitably arise if different legal systems were to govern different parts of the same estate.
What is the principle of universality of succession?
The principle of universality complements the former. It establishes that the applicable law covers all assets and rights forming part of the estate. Regardless of their nature and regardless of where they are located: in Spain, in another member state, or in a third country. Recital 37 of the Regulation is clear on this point:
Recital 37 R. 650/2012: “…it is necessary that this law govern the totality of the succession, that is to say, all the assets and rights, regardless of their nature and whether they are located in another Member State or in a third State, that form part of the estate.”
Which law is that single applicable law?
As a general rule, the applicable law is that of the state in which the deceased had their habitual residence at the time of death. This is established by Article 21 of the Regulation. If the deceased was habitually resident in Spain at the time of death, Spanish law will govern the entirety of the estate, including assets held in other countries. The Regulation also allows the deceased to choose, in their will, the law of their nationality. This choice is known as “professio iuris”. And it equally governs the entire estate.
What consequences can arise from failing to respect these principles?
Sometimes, through error or restrictive interpretation, the applicable law is applied only to assets in a given country, whilst those located elsewhere are disregarded. We consider this to be contrary to the Regulation. And it can have serious consequences: difficulties in the international recognition of the ruling. Conflicts in the administration and distribution of assets abroad. And additional litigation, across different countries.
Conclusion.
The unity and universality of succession are not abstract principles. They are legal tools of great practical relevance for anyone holding assets in more than one country. At White Baos Lawyers we are experts in international inheritance and private international law. If you find yourself in this situation, do not hesitate to contact us.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
White & Baos 2026 – All Rights Reserved.
