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The Experts on Anglo-German Law

CrossChannelLawyers.co.uk, its German language counterpart Cross-Channel-Lawyers.de, and InternationalProbateLaw.com are law blogs (blawgs) dealing with Anglo-German legal issues. A network of international lawyers who are experienced in cross border legal problems and who give practical and reliable advice. The law blogs are run by the lawyers of Graf & Partners, a firm of German lawyers (Rechtsanwälte) with many years of professional experience in cross border legal proceedings, who provide legal advice in a comprehensive, understandable and user-oriented manner. Our experienced team of German litigation lawyers provides forensic services all across Germany and runs the expert litigation law blog German Civil Procedure. Graf & Partners, with its international expertise, is well equipped to advise and represent clients from the USA, the United Kingdom and other English speaking countries. Visit us also on YouTube.

+49 (0) 941 – 463 70 70
mail@grafpartner.com
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Can foreign Taxes be set off against UK Inheritance Tax?

Unilateral Inheritance Tax Relief in British-German Probate Matters If a legator was domiciled (or legally deemed to be domiciled) in the UK and possessed assets in other countries, then HMRC will levy inheritance tax on the entire estate, i.e. all assets worldwide (see here). The problem is: Other jurisdictions may employ an entirely different inheritance tax system and also demand inheritance tax. Germany, for example, does not use domicile but citizenship (nationality) and residency to…
Bernhard Schmeilzl
July 4, 2014
German ProbateGerman Succession & Inheritance LawGerman Tax Law

How to apply for a German Grant of Probate

First, you need to make the right choice about which German Grant to apply for The German equivalent of a UK Grant of Probate is the Certificate of Inheritance (Erbschein). Less common is its “little brother”, the Certificate of Executorship (Testamentsvollstreckerzeugnis). Both documents are issued by the Nachlassgericht which is the probate department of the respective local District Court (Amtsgericht). Who needs an Erbschein? As we have explained here, German law applies the principle of…
Bernhard Schmeilzl
June 30, 2014
Business in GermanyGerman Labor Law

Germany introduces minimum wage in January 2015

After 10 years of heated discussion Germany will implement a nationwide universal minimum gross wage (flächendeckender Mindestlohn) of EUR 8.50 per hour starting 1 Januar 2015. The act still needs to be formally passed but is expected to go through without relevant changes. Thus the details of the future „Tarifautonomiestaerkungsgesetz“ can already be found in the government draft of the bill here. There will be transitional provisions and some exceptions for certain business sectors. Fore…
Bernhard Schmeilzl
June 24, 2014
Civil actionDebt collectionGoing to court

How expensive is a German Lawsuit?

Mandatory Legal Fees in German Civil Law Matters We have shown here that chasing a debt in Germany is fairly easy and quick. While we also explained the basic rules regarding court and lawyer fees in section 3 of said article many readers ask us how much an actual lawsuit will cost them. Thus, here a more practical approach to that question, explained by the German litigation experts of Graf & Partners (Civil Litigation Department):…
Bernhard Schmeilzl
November 11, 2013
Civil actionDebt collectionFamily LawGoing to court

Alimony in Germany: Child Maintenance and Financial Support for Single Mothers

How much Child Support is due in Germany? You are or have been in a relationship with a German woman. She is pregnant and wants you to pay alimony for the newborn-to-be. But you are not sure whether you are the father. What to do? This post deals with unmarried couples only. For children born in marriage, German law presumes that the husband is the father. If the husband has doubts about this then he…
Bernhard Schmeilzl
September 2, 2013
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Labor LawGerman Tax LawStarting BusinessStarting or Expanding BusinessTrustee & Escrow Services

10 Things to do when starting a German Business

Get started on the fast track If you have read our previous postings "Guide for doing Business in Germany", "Establish a German Limited Company (GmbH): FAQ and Checklist" and "Open a Business Bank Account in Germany?" you already have a pretty good idea how to go about starting your own German business. With this posting we provide ten - personal and probably subjectively biased - practical tips how to get a head start: #1: Choose…
Bernhard Schmeilzl
August 9, 2013
Civil actionDebt collectionGerman LawGoing to courtProfessional Regulations

So you want to practice Law in Germany?

Update for British readers: This post explains the pre-Brexit legal situation There are an impressive 160,000 advocates (Rechtsanwälte) registered to practice law in Germany (from the official statistics of the German Bar Association: German Advocates in February 2013). However, that doesn't mean there are not interesting opportunities for British lawyers who are considering practising law in Germany: Many German companies (have to) negotiate and draft agreements with international business partners in the English language and…
Bernhard Schmeilzl
August 8, 2013
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawStarting Business

Establish a German Limited Company (GmbH): FAQ and Checklist

If you wish to establish a German Limited Company (Gesellschaft mit beschränkter Haftung, in short: GmbH) from abroad, you will probably not get very far without the assistance of experienced professional service providers. For more than 10 years the German law firm Graf & Partners advises and assists foreign shareholders and company directors on how to: establish a German company or subsidiary, buy a German company or open a branch office or engage a fiduciary…
Bernhard Schmeilzl
August 7, 2013
German ProbateGerman Succession & Inheritance Law

German heirs are personally liable for all debts relating to deceased relatives

How to renounce the debts of your late relative As we have previously explained here German inheritance law applies the principle of universal succession (Gesamtrechtsnachfolge), which means that the heir (or a community of heirs if more than one person is designated as heir) directly steps into the shoes of a German decedent at the moment of that decedent’s death, under German estate and succession law. All rights and obligations are transferred automatically. There is…
Bernhard Schmeilzl
July 18, 2013
Conveyancing GermanyGerman Law

Template of German Land Sale & Purchase Agreement

Buying real estate in Germany When you wish to sell or buy a house or apartment in Germany the agreement must be signed before a German notary (see sections 873 and 925 German Civil Code) because the German Land Registry will only accept instructions from such notary (details). We have explained the legal procedure of conveyancing in Germany here.   The parties must be extremely careful that the notarial agreement does contain the entire understanding between…
Bernhard Schmeilzl
July 3, 2013
German ProbateGerman Succession & Inheritance LawGerman Tax Law

UK Citizens with Property in Germany: Do I need a separate Will?

The Basics of British-German Inheritance Cases When a British expat lives in Germany for some time, he or she will most probably have a German bank account and other German assets, maybe even have bought property over here. The majority of these British expats have never thought about the inheritance law implications of such foreign assets. They simply assume that UK law applies. This is, however, not always the case. Especially if German probate law…
Bernhard Schmeilzl
July 1, 2013
German ProbateGerman Succession & Inheritance LawGerman Tax Law

German Inheritance Tax Rates and Personal Tax Exempt Amounts

What is the German IHT Nil-Rate Band? German inheritance law, including inheritance tax law, works very differently from the UK system (for German probate see here and here). While in the UK the estate as such is taxed (with one single nil-rate band of currently 325k GBP being available as tax relief) you find a completely different inheritance tax concept in Germany: German tax authorities do not look at the estate but at the individual…
Bernhard Schmeilzl
July 1, 2013
Civil actionDebt collectionGerman LawGoing to court

Serving Documents in Germany

Find and and tackle your German debtor You need to serve court papers or other important legal documents to a person living in Germany? But you also expect this person may try to avoid getting served? Maybe you have already tried sending documents by courier and the addressee has not opened the door or the courier employee was not able to locate the debtor. Now what? Service by German Bailiff You will probably google for…
Bernhard Schmeilzl
June 20, 2013
Civil actionCriminal LawDebt collectionGerman LawGoing to court

Limitation under German Law

When do German claims become statute barred? Limitation periods (in German: Verjährungsfristen) impose time limits within which a party must bring a claim, or give notice of a claim to the other party. They are imposed by statute, primarily sections 194 to 218 German Civil Code (Bürgerliches Gesetzbuch, BGB). The standard limitation period is three years (section 195 BGB), thus significantly shorter than limitation according to English law. For many constellations there are - of…
Bernhard Schmeilzl
June 19, 2013
German ProbateGerman Succession & Inheritance Law

Intestacy Rules in Germany

Who inherits in Germany if there's no valid will? German inheritance law works by the principle of universal and direct succession, i.e. the heirs automatically become the owners and possessors of the entire estate, i.e. all assets that the deceased had owned (by the way: they also inherit all the debts of the deceased). Details are explained here. Now, what happens if German law applies and there is no last will? It's fairly easy: Spouses…
Bernhard Schmeilzl
June 6, 2013
Business in GermanyGerman Corporate LawStarting or Expanding BusinessTrustee & Escrow Services

Buying a German Company: A quick Checklist

How to acquire a German Business In case you think about buying or merging with an existing German enterprise there are many legal and tax aspects to consider (for the formation of a new Germany company see here). Below we have compiled a few issues from the perspective of a German lawyer that may be of interest for a potential buyer: What kind of legal entity is the target company? There are various legal forms…
Bernhard Schmeilzl
May 13, 2013
Conveyancing Germany

Legal Guide to buying a House or Apartment in Germany

Buying Real Estate in Germany as a Foreigner Compared with the UK and the USA, relatively few Germans own their own home. As Guardian recently titled: "Brits buy homes, Germans rent". To rent an apartment or even a house is much more common in Germany, especially since a tenant (lessee) is extremely well protected by German law. A landlord cannot simply terminate a residential rental agreement but must have legitimate cause (Sec 573 German Civil…
Bernhard Schmeilzl
May 8, 2013
German ProbateGerman Succession & Inheritance Law

Executors and Trustees in German Inheritance Law

How estates are administered in Germany There exist, as we have explained here, fundamental differences between the inheritance law concepts of the UK and Germany. Since UK probate law requires a personal representative, many testators in the UK appoint an executor in their will. In Germany, however, where a "personal representative" is unknown due to the principle of universal succession, the inheritors come into ownership as well as into possession of the estate automatically and…
Bernhard Schmeilzl
May 8, 2013