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All Posts By

Bernhard Schmeilzl

Business in GermanyCivil actionDebt collectionGoing to courtLitigation in Germany

Dodging Debts by Moving to the UK?

Has your German debtor moved to the UK and declared himself or herself bankrupt under the UK / British insolvency rules? Since we specialise in British-German legal matters, our firm very often gets enquiries from German individuals, companies or banks regarding a situation whereby a German individual has moved to the United Kingdom and declared bankruptcy in order to avoid paying their debts and liabilities back in Germany. Even further, it is quite common that…
Bernhard Schmeilzl
March 10, 2017
Business in GermanyGerman Corporate LawGerman Labor LawGerman Law

Pitfalls of German Contract Law and German Company Regulations (Part 1)

Foreign Contract Lawyers beware of surprising German Laws and Directives! The German Civil Code (Bürgerliches Gesetzbuch, BGB, available in English), the German Commercial Code (Handelsgesetzbuch, HGB, partly available in English), the German Act on Corporations (Aktiengesetz, AktG) and the Act on Limited Liability Companies (GmbHG, available in English) are all full of surprising regulations which can essentially void any agreement or deed drafted by a naive (in the nicest sense) British or US lawyer who…
Bernhard Schmeilzl
February 20, 2017
Business in GermanyGerman LawGerman ProbateGerman Succession & Inheritance Law

German-American Law Firm based in Munich

Need a German lawyer who knows how to swing a baseball bat?  Looking for a German lawyer who is aware of the fact that "morning joe" is not a coffee brand and that "take me out to the ball game" does not refer to soccer fans? Look no further. The lawyers of the Munich based German corporate, litigation and probate law firm Graf & Partners LLP specialise in German American legal issues since 2003. Founding…
Bernhard Schmeilzl
February 16, 2017
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawTrustee & Escrow Services

German Tax Clearance Certificate (Inheritance Tax)

What is required to get German assets released to British or US-American executors or beneficiaries? In order to get German assets released, the executors or beneficiaries must be able to provide the German banks or insurers with a German (or European) Grant of Probate - unless the testator has made the will in notarial form or the testator has granted a transmortal power of attorney. For more on how to access German assets without having…
Bernhard Schmeilzl
February 13, 2017
Business in GermanyCivil actionCriminal LawGerman LawGerman Tort LawLitigation in Germany

Putting Someone on Speaker Phone without telling them?

It's not only rude, but outright criminal In their piece about Speakerphone Etiquette, The Huffington Post recommends: "Always ask the person on the other end of the line if he or she minds being put on the speakerphone. Some people find them annoying and invasive." This is excellent advice, especially if you speak to Germans on the phone. Why so? Because a German might not only be annoyed to find out that somehas has secretly…
Bernhard Schmeilzl
February 8, 2017
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in GermanyProperty Lease

How to sell inherited German Property

An English or American Executor finds that the Testator's Estate comprises a Flat, House or Plot of Land in Germany. What now? If the deceased owned real estate in Germany which the executor or the beneficiaries now wish to sell as soon as possible, this legal guide explains what needs to be done to sell an inherited home in Germany. The sale of the German property may be complicated further if the house or flat…
Bernhard Schmeilzl
January 12, 2017
German LawGerman ProbateGerman Tort LawGoing to courtLitigation in Germany

English Speaking German Lawyers and Litigators based in Munich

Experienced German Legal Counsel for British and American Clients Since 2003, the German law firm Graf Partners LLP with its headquarters in Munich specialises in British-German and US-German legal cases. Not only are the German lawyers at GP fluent in the English language, but they have many years of practical experience gained by working for commercial and private clients from Britain and the USA. From conveyancing of German property, drafting international agreements, representing foreign clients…
Bernhard Schmeilzl
January 10, 2017
German LawGerman ProbateGerman Succession & Inheritance Law

Important Facts on German Laws of Succession and German Probate

All you need to know about German inheritance law and probate proceedings Download the free brochure provided by the legal experts on international wills, cross border probate and British-German or US-German estate administration German lawyer Bernhard Schmeilzl, LL.M. (Leicester) specialises in British-German and American-German inheritance law ever since his admission to the German bar association in 2001. Together with his team of British and German succession and probate law experts he has compiled an easy…
Bernhard Schmeilzl
January 9, 2017
German LawGerman ProbateGerman Succession & Inheritance Law

What are the German Forced Share Rules?

If German Succession Rules do apply (and this is the case more often than one might think), then the surviving spouse, the children and even the parents of the deceased do inherit a portion of the estate no matter what, i.e. even if the deceased had expressly disinherited them in his Will! Under German law there exist strict forced share rules (Pflichtteil). In cases where the surviving spouse and/or close relatives, namely descendants or parents,…
Bernhard Schmeilzl
January 9, 2017
German ProbateGerman Succession & Inheritance LawProperty in Germany

How to Access German Assets without having to go through German Probate

There are Practical Alternatives to German Wills German law provides for a number of legal tools which enable a testator to transfer some or all of his assets outside of the German probate rules, i.e. the transfer will then happen automatically upon the testator’s death. This has many advantages: No need for a will, nor a German grant of probate, i.e. no waiting period and no probate costs. These tools are "conditional transfers in contemplation…
Bernhard Schmeilzl
January 9, 2017