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All Posts By

Bernhard Schmeilzl

Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

Is “Miteigentum” in a German Property the same as “Tenancy in Common”?

The different ways to co-own property (real estate) in Germany Well, the legal concepts of "Miteigentum" and "Tenancy in Common" are quite similar, if not identical. The German Miteigentum (co-ownership) is regulated by the German Civil Code in sections 1008 to 1011. Each "Miteigentümer" has a direct, separately transferable interest in the property. However, where property is concerned, the rights of co-owners in Germany are usually individually defined in the notarial deeds and the German…
Bernhard Schmeilzl
September 20, 2016
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Efficient Transfer of Foreign Assets

Seminar for British Solicitors and UK Accountants who advise Clients with Assets Abroad. Main focus is on Germany, but speakers will also briefly touch upon Austria and Switzerland. If you advise clients who own property or other investments abroad, they are not always aware of the fact that this will trigger foreign inheritance taxes and that the executor(s) or beneficiaries will have to go through local probate procedure, which can takes many months and cost…
Bernhard Schmeilzl
September 15, 2016
Family LawGoing to court

Broken Engagement in Germany: Engagement Ring must be returned

May a bride keep the engagement ring under German family law rules? German law is very simple in regards to what happens to engagement gifts (especially engagement rings) if the the wedding is called off: They must be returned. Section 1301 German Civil Code (BGB) states: Section 1301: Return of the presents If the marriage does not take place, each engaged person may require the other to return what the former gave as a present or…
Bernhard Schmeilzl
September 12, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

Formal Requirements to set up a valid Will in England, Scotland and Germany: What are the Differences?

One will per each country or one universal will? International families, expats or elderly people who have moved to another country after retirement often have the choice as to under which country’s legal regime they wish to set up their Last Will & Testament (see here for mutual acknowledgement of Foreign Wills). In this article we compare the formal requirements of German, English and Scottish law (the latter being surprisingly different from English law, in…
Bernhard Schmeilzl
August 12, 2016
Business in GermanyBusiness Tax & Fiscal Obligations

Company Finance and Accounting in Germany

Smaller businesses, under German tax and accounting laws, must deliver to the same professional standards as larger companies, but they are often not in a financial position to pay for an experienced in-house team of accountants, controllers and financial planners. Such companies need to find a German tax advisor and accountancy firm (Steuerberaterkanzlei). If your are a German subsidiary or branch office of a British and American enterprise we can recommend experienced German service providers…
Bernhard Schmeilzl
August 3, 2016
Business in GermanyGerman Corporate LawGerman Law

Buying a German Company

M&A Transactions Germany If you consider buying or merging with a German company or stock corporation (see checklist here), we can either structure and manage the entire acquisition process for you or merely assist with specific tasks like due diligence (e.g. financial, legal, business, IT) or contract negotiation. Our team of lawyers, financial and business experts has extensive experience with international M&A projects in various industry sectors. We will always keep matters as simple and…
Bernhard Schmeilzl
August 3, 2016
Business in GermanyBusiness Tax & Fiscal ObligationsFamily LawGerman Corporate LawGerman Labor LawGerman LawGerman Probate

English Desk at German Law Firm Graf Partners LLP

The Munich and Regensburg based German law firm Graf & Partners LLP, established in 2003, specialises in providing professional legal services to English speaking clients, both business and private. Our British-German specialist teams of lawyers and linguists advise on all legal and tax issues connected to Germany and European Union law, from business, corporate and labour to international probate, family law and property. The English Desk in our Munich office is headed by dual qualified…
Bernhard Schmeilzl
August 3, 2016
German ProbateGerman Succession & Inheritance Law

Is an English Last Will & Testament valid in Germany?

Even after Brexit? In most cases, the answer is simply: yes! Any Last Will which is set up in accordance with the formal requirements of English or Scottish law is, in principle, recognised as a valid Will by German Probate Courts. Within the European Union, this is nowadays exlicitly stated in Article 27 of the EU Succession Regulation, which, however, the UK has opted out of (even before Brexit): Article 27: Formal validity of dispositions…
Bernhard Schmeilzl
July 28, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

The Infamous “Community of Heirs” in German Inheritance Law – And How to Avoid it

A German testator can have more than one beneficiaries, but should never appoint more than one "heirs" German Succession Law does not know the concept of a "Personal Representative". Instead, German inheritance law applies the principle of direct accession (more on this here). That is all very nice and efficient if there is only a sole heir. Or if, in case there are several heirs, they are reasonable and on good speaking terms. If, however,…
Bernhard Schmeilzl
July 27, 2016
Business in GermanyGerman Corporate Law

Crash Course on Duties and Liability of a German Company Director (vs the Director of a UK Limited)

German-British Corporate Lawyers of Graf & Partners (Munich) coach newly appointed directors, CEOs and managers of German and English companies and corporations German Corporation Law and Limited Liability companies hold a number of surprising differences compared to UK or US company law. Have you, for example, ever heard of the German principle of "Kapitalerhaltungsgrundsatz" (i.e. the manager's duty to maintain the minimum share capital)? Well, if you intend to act as the director of a German…
Bernhard Schmeilzl
July 26, 2016