Under the European Succession Regulation, the law applicable to succession matters is governed by the law of the State in which the decedent had his ‘habitual residence’ at the time of death unless the decedent has made a valid choice of law under Art. 22 of the Regulation. The term ‘last habitual residence’ is not defined in the Regulation. In order to determine the habitual residence, a German court will look at all the facts of the case, including the following: the duration and regularity of the deceased’s stay in a given country; the conditions and reasons for the stay of the deceased in a given country; the country in which the family and social life of the deceased are located; the country in which the deceased had most of his/her assets; the nationality of the deceased.
Please select a letter in the character list and then select the desired expression in the left column.
» Show all entries
12/31/2019 Concerns about a reduction in the U.S. Estate and Gift Tax exclusions? Make a gift now to benefit from historical exclusion levels.
12/27/2019 The Curtailing of Stretch IRAs
12/15/2019 German Gift Tax on Distributions from a U.S. Trust to a German resident Subsequent to an Election under Art. 12 para 3 of the Germany-U.S. Estate and Gift Tax Treaty