Reading between the lines of the EU Succession Regulation: what’s in it for private foundations?

Abstract

Since 17 August 2015, the EU Succession Regulation has had a major impact on estate planning techniques, both within the EU and even beyond (insofar as there is some connection with an EU Member State). Being a foremost estate planning tool, the use of private foundations today must invariably be questioned in the light of the rules laid down by this important EU Regulation. Unlike trusts, private foundations are not expressly mentioned in the Regulation. This article seeks to briefly explore this issue and to assess the impact of the EU Succession Regulation on founders seeking to make provision for their dependants by setting up a private foundation.