For many people, choosing to apply the law of their nationality will ensure that their estate is governed by the law with which they are most familiar.
Making a choice of law in your Will also reduces uncertainty if any of the following apply to you:
You are unsure where you are habitually resident or whether you are manifestly more closely connected with another country;
The Regulation does not apply in the country of your habitual residence, in which case that country’s conflict of laws rules may lead to a different law applying;
It is unclear whether a Will you have already made may be treated as making a choice of law.
However, every case is different and you should obtain advice about the potential consequences of making a choice in your particular circumstances and whether any existing Wills may be treated as making a choice of law.
It is important to take all these factors into account when making a Will or carrying out other estate planning such as making gifts or creating trusts during your lifetime.