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German Succession & Inheritance Law

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
German ProbateGerman Succession & Inheritance Law

Want to Inherit the Debts of your German Relatives?

Of course not! But inheriting debt from a family member who lives abroad is a real risk under German law! The concept of inheriting debts from deceased relatives stuns people, especially lawyers, from common law jurisdictions like Britain or the USA. There the basic rule is: Personal debt dies with the borrower. The executor of the estate will attempt to sell whatever collateral there is and pay off the creditors to the extent possible. All…
Bernhard Schmeilzl
December 16, 2016
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax Law

Everything about German Inheritance & Gift Tax at one Glance

German residents are subject to German inheritance tax. Always! Many of our blogposts deal with German probate and the tax implications of international inheritance cases (see list below). English solicitors and their clients are often stunned by the fact that German assets which are part of an English estate can trigger significant German inheritance and/or gift tax, in addition to UK IHT. Vice versa, if a beneficiary happens to be resident in Germany (even if…
Bernhard Schmeilzl
October 14, 2016
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

Received an Inheritance in Germany? Be ready for Taxes, Taxes, Taxes!

Check the German Capital Gains Tax situation before you sell your inherited property! Waiting a few years may avoid significant taxes. If you have received an inheritance which comprises German assets, in particular German property, this inheritance may or may not trigger inheritance taxes in Germany and / or the UK. We have explained these IHT issues in detail in the following posts: The Perils of German IHT and Gift Tax Basics of German Inheritance…
Bernhard Schmeilzl
October 7, 2016
German ProbateGerman Succession & Inheritance Law

What is a “Vermächtnis” in a German Will? And how to claim it.

In the UK (and many other Common Law Jurisdictions) the property of the deceased passes initially to a personal representative (executor or administrator) who administers the estate by collecting it in, paying creditors and taxes and then passing the balance to the beneficiaries. Under German law, however, there is no such administration of the estate by a personal respresentative. Instead, in Germany (as in France) the heirs inherit their share of the estate of the…
Bernhard Schmeilzl
September 22, 2016
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
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
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