0
0
was successfully added to your cart.

Cart

Category

Property in Germany

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
German ProbateGerman Succession & Inheritance LawGerman Tax LawInternational ProbateProperty in GermanyWills and Succession Planning

How to mitigate German inheritance tax

Checklist for UK testators who own assets in Germany If someone who is domiciled in England, Wales or Scotland owns assets in Germany, they need to be aware of the fact that the German tax authorities (Finanzamt) may levy tax on these German assets or - in the worst case scenario - on the testator's entire global estate (in additon to HMRC taxing that same estate as well). Summary of German inheritance tax rules for…
Bernhard Schmeilzl
November 3, 2023
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
Property in Germany

When Buying Property in Germany – Do Not Make Any Upfront Payments

Don't Get Ripped Off by "German Real Property Online Auctions" The conveyancing process in Germany is very different from buying property in the United Kingdom or the USA. In Germany, as in France and other civil law jurisdictions, every property transaction must go through a civil law notary, who is a quasi court official and who must ensure that the rights and interests of both parties to the transaction are being protected. In other words:…
Bernhard Schmeilzl
October 14, 2019
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