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Will Brexit affect how British citizens dispose of EU assets on death?

Richard Burgess, private client solicitor, Moore Kingston Smith, 22/10/2020

The end of the transition period on 1 January 2021 could lead UK citizens with assets in an EU country to wonder how this will impact on who will inherit such assets. Someone from and EU country but living in the UK may have similar concerns.

The short answer is that Brexit is unlikely to affect the testamentary dispositions of individuals with assets in the UK and in an EU country. This is because the UK, along with Ireland and Denmark, are not parties to the EU regulation (known as Brussels IV) governing who inherits assets located in the EU. However, Brussels IV remains important as it is still recognised by most EU c...


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