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German Law

German LawGerman Succession & Inheritance LawGerman Tax LawWills and Succession Planning

“I want to make a Gift to my Child in Germany…”

... but my son-in-law / daughter-in-law shall not benefit from such a gift or inheritance! Is that possible under German law? Yes, it certainly is possible. Spouses are sometimes under the impression that they have an automatic entitlement to any gift the other spouse receives, whether as a lifetime gift or as an inheritance. Simply by virtue of the fact they are married. Under German law, this is certainly not the case. Unless the spouses…
Bernhard Schmeilzl
February 8, 2018
Business in GermanyCivil actionGerman Corporate LawGerman LawGoing to courtLitigation in GermanyStarting Business

Harsh “Unfair Competition” Rules in Germany

The German Habit of sending out Cease and Desist Letters to Competitors When you start trading in Germany you may be in for unpleasant surprises. The first letter your German subsidiary receives may likely be a formal cease and desist notice sent by your competitor's lawyers. Why? Because under German unfair competition laws, every business has the right to formally demand competitors to fully comply with any and all German laws. And there are many…
Bernhard Schmeilzl
January 25, 2018
Civil actionContract TemplatesDebt collectionGerman LawGoing to courtLitigation in Germany

Your German Debtor asks for Relief from Payment?

Then you should use this opportunity to obtain a so called "abstraktes Schuldanerkenntnis" (an autonomous acknowledgement of debt) from your German debtor. This is sometimes also called "selbstständiges Schuldanerkenntnis" or "Schuldversprechen". In other words: You agree to grant the debtor a moratorium (or a deferred payment) of a few weeks or months, but only under the condition that the debtor signs a Schuldanerkenntnis (a formal "I owe you"). Such a written debt acknowledgment according to…
Bernhard Schmeilzl
January 24, 2018
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawInternational ProbateWills and Succession Planning

This is what a German Gift Tax & Inheritance Tax Bill really looks like

Understanding a German Inheritance Tax Statement Inheritance tax in Germany is calculated very differently from the IHT in the United Kingdom. First of all, under German law, not the estate as such is being taxed but each individual beneficiary. Secondly, each beneficiary has an individual tax rate and an individual tax allowance, based on the amount received and the degree of kinship. And, last not least, German law applies the concept of gift tax which…
Bernhard Schmeilzl
January 18, 2018
Civil actionDebt collectionGerman LawGerman Tort LawGoing to courtLitigation in Germany

Litigation Costs in Germany: Basic Principles and an Online Cost Calculator

By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or Gegenstandswert). The same is true for lawyers fees (Anwaltsgebühren) which are regulated by statutory law, the so called Rechtsanwaltsvergütungsgesetz (RVG). We explain the details of German civil litigation procedure including litigation costs in our expert…
Bernhard Schmeilzl
December 8, 2017
Austrian Inheritance LawAustrian ProbateGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawInternational ProbateWills and Succession Planning

British Expats Beware of Foreign Succession Laws and Foreign Inheritance Tax

Children of British Expats in Europe often are entitled to the Estate without even knowing it. EU Succession Laws are full of surprises. British expats who are resident in Europe, let's say in Germany, Austria, France or Spain, rarely are aware that ever since the introduction of the EU Succession Regulation (August 2015), if they pass away while being resident in that country, the Inheritance and Succession Laws of that country of residence will most…
Bernhard Schmeilzl
October 11, 2017
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
Austrian Inheritance LawGerman LawGerman ProbateGerman Succession & Inheritance LawWills and Succession Planning

If a British Testator relocates to Europe…

... the surviving spouse may be in for an unpleasant surprise Since 2015, according to the rules of the EU Succession Regulation, the criterion "last habitual residence" of the deceased determines which succession laws apply to the estate. If, for instance, a British national moves to Spain, Germany or France and later on dies there, then the respective national succession laws, i.e. Spanish, German or French succession laws, do apply (except with regard to UK…
Bernhard Schmeilzl
September 28, 2017
GeneralGerman Law

LGBT Friendly Law Firms in Germany, Austria and Britain

Although Germany and Britain are comparatively liberal and progressive societies, we are fully aware that the struggle against hate, discrimination and bigotry is far from over. Our firm of German and British lawyers supports openness, diversity and equal rights for all sexual orientations and gender identities. We welcome clients from the LGBT community both in Germany and the UK and we provide legal advice in all areas of law, from family law (e.g. same sex…
Bernhard Schmeilzl
September 28, 2017
German LawGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

Preparing International Wills: A Checklist for Clients and their Lawyers

Complete Questionnaire for International Families and Expats who are resident or own Assets in Germany or Austria If you or your client owns assets in more than one country, or if a beneficiary is resident in another country than the testator, chances are that the executor and/or the beneficiary need to obtain probate in more than one country. Since the EU Succession Regulation neither applies to the United Kingdom nor to Ireland, the option to…
Bernhard Schmeilzl
September 14, 2017