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Conveyancing Germany

Conveyancing GermanyEstate PanningGerman ProbateGerman Succession & Inheritance LawWills and Succession Planning

How to mitigate German Gift and Inheritance Tax by way of Niessbrauch (usufruct, life interest, reservation of benefit)

Why German estate planners and tax lawyers love the tool "lifetime gift with a reserved life interest" Any German testator who has offspring and who owns a significant estate and therefore asks their German tax lawyer about estate planning advice on how to transfer the family wealth onto the next generation without paying unneccessary German gift tax or inheritance tax, will, inter alia, be proposed to make use of the standard German estate planning tool…
Bernhard Schmeilzl
October 4, 2024
Conveyancing GermanyEuropean ProbateGerman ProbateGerman Succession & Inheritance LawInternational ProbateProperty in Germany

Can an inheritance in Germany become time-barred?

How long do I have to claim a German inheritance? In international succession and probate cases, it is not unusual that one or more beneficiaries cannot be found for quite some time, either because they have left Germany many years ago and have not stayed in touch with their family, so nobody knows where they now live. Or because the heirs (especially if intestacy rules apply) are very distant relatives, for example third degree cousins,…
Bernhard Schmeilzl
July 3, 2024
Conveyancing GermanyGerman LawGerman Real Estate LawProperty in Germany

What is “Nachgenehmigung” in German conveyancing?

A simple trick to avoid having to travel to Germany for the sale or purchase of a German property Under German conveyancing rules, the seller and the buyer need to be present before a German notary public, who - in contrast to Common Law jurisdictions - is a highly qualified lawyer, a de facto court official. Said German notary records the sale by way of a sale deed (Übertragungsurkunde), ensures that the best interests of…
Bernhard Schmeilzl
November 7, 2023
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance Law

German Experts in Estate Administration

We Deal With International Estate & Probate Matters Since 2003 Estate administration is what we specialise in. Our probate lawyers and inheritance tax specialists have the expertise to advise on all bereavement related issues with regard to the jurisdictions Germany, Austria, Switzerland and England & Wales. We know how to handle intestacy and how to interpret wills in foreign languages. We are able to deal with foreign shares and obtain Grants of Probate in the…
Bernhard Schmeilzl
November 17, 2020
Conveyancing GermanyGerman Real Estate LawProperty in Germany

Can I Buy or Sell Property in Germany Without Actually Being There?

Does "Remote Conveyancing" work in Germany? Is there a way to buy or sell German real estate from abroad, i.e. without physically being in Germany myself? Under German law, any property (real estate) transaction must go through a German civil law notary, who does not merely certify documents and verify signatures, but who is a state appointed judge like lawyer (more here). Only the best law school graduates have the chance to become public notaries.…
Bernhard Schmeilzl
July 23, 2020
Conveyancing GermanyGerman LawGerman Succession & Inheritance Law

Selling Property in Germany? Better hurry!

Corona Crisis will cause German Real Estate Prices to drop For two decades, the only way was up when it came to market value (Verkehrswert) of German houses, flats and apartments, especially in large German cities like Munich, Frankfurt or Berlin. In 2020, this will all change! Even before the Corona outbreak in Europe, the rise in German property prices was no longer as steep as in previous years, due to a combination of extensive…
Bernhard Schmeilzl
March 18, 2020
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

German Land Registry and the “Grundschuld”

Why Germans often leave a Mortgage (Grundschuld) entered in the Land Registry Records even if the underlying bank loan has been fully repaid? The German word for mortgage is "Grundschuld", which is the most commonly used form of a German security interest in land, i.e. real property lien (Grundpfandrecht). The relevant German statutes are s. 1113 et seqq. German Civil Code. Such a Grundschuld is created by notary deed whenever the German property owner wishes…
Bernhard Schmeilzl
February 20, 2019
Conveyancing GermanyGerman LawGerman ProbateGerman Tax LawProperty in Germany

How to find a Plot of Land in Germany

Practical tips on researching German property (real estate) online Many of our clients want to sell German property. Either because they move abroad or because they have inherited German real estate and decide not to keep it. Some of our clients in Anglo-German inheritance cases do not even know where exactly the German plot of land is located. They just have heard rumours that "granny, uncle or aunt so and so" had owned property in…
Bernhard Schmeilzl
November 27, 2018
Business in GermanyContract TemplatesConveyancing GermanyGerman Corporate LawGerman LawM&A GermanyProperty in GermanyStarting or Expanding Business

Careful with M&A Asset Deals in Germany

Pitfalls of German Contract Law (Part 3):  Many Asset Deal Purchase Agreements must be in Notarial Form to be Valid in Germany German Law requires certain transactions to be recorded before a Civil Law Notary in order for these agreements to be valid and enforceable. The list ranges from pre-nuptial and marriage agreements, to any real estate related transaction, to the formation of German companies and stock corporations. One aspect is, however, sometimes overlooked even…
Bernhard Schmeilzl
September 29, 2017