habitual residence (Gewöhnlicher Aufenthalt)

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.