Dr Andreas Richter and Dr Maximilian Haag explain how
the will trust can be used for Anglo-German estate planning without
incurring a hefty tax bill
On 17 August 2015, Regulation (EU) No.650/2012
(the Succession Regulation) will substantially change
the conflict-of-laws rules applicable to
successions by death in all EU member states, except the UK,
the Republic of Ireland, and Denmark. Therefore, all assets
with a situs in one of the other member states,
including Germany, will become subject to uniform
conflict-of-laws rules. Assets with a situs outside
these member states will remain subject to the relevant
conflict-of-laws rules of the jurisdiction in which they are
located, e.g. the UK. At the same time, such assets
might be treated differently under the rules of the
Succession Regulation if the testator or their heirs have a
nexus to one of the member states bound by the Succession
Regulation. This could result in complex legal
conflicts that
