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German probate expert

German ProbateGerman Succession & Inheritance LawInternational Probate

Typical Pitfalls of UK-German Probate Case

What English will and probate solicitors should know If an English testator owns assets in Germany, or if they decide to gift all or part or their estate to someone resident in Germany, a “standard” English will does not adequately cover all the client’s needs. Foreign IHT consequences, for example, are often completely ignored, as is the fact that German law does neither know the concept of “personal representative”, nor does it recognise trusts. Standard…
Bernhard Schmeilzl
April 5, 2022
Civil actionGerman ProbateGerman Succession & Inheritance Law

Inheritance Disputes in Germany

Challenging a Will in Germany If you are involved in a German inheritance case and you have doubts whether a Will is valid, you can (and should) raise these issues with the German Probate Court (Nachlassgericht) as early as possible. You do not even have to initiate a form lawsuit in order to challenge the German will, because German Probate Courts are under the obligation to actively investigate the validity of the will. The court…
Bernhard Schmeilzl
September 24, 2020
Austrian Inheritance LawAustrian ProbateGerman ProbateGerman Succession & Inheritance LawWills and Succession Planning

Overseas Inheritance? See My Answers to FAQs on Probate in Germany and England

Watch this Video by Cross Border Probate Expert Bernhard Schmeilzl, Esq. Overseas probate law expert Bernhard Schmeilzl has 20 years of experience dealing with international estate matters between the USA and Europe. He runs the leading blogs www.internationalprobatelaw.com and www.crosschannellawyers.com which provide practical information on how to obtain foreign probate and how to win contentious probate litigation in Europe. In this video, Bernhard answers the 24 questions on German and British probate that are most…
Bernhard Schmeilzl
August 27, 2019
German ProbateGerman Succession & Inheritance LawInternational Probate

How to get out of a German Community of Heirs

What is a German Erbengemeinschaft (Community of Heirs)? Under German succession laws and probate rules, if there is more than one heir (Erbe), these co-heirs (Miterben) automatically form a so called Erbengemeinschaft (community of heirs), see section 2032 German Civil Code. We have explained the legal nature of the German Erbengemeinschaft in this post here. Such a community of heirs can be compared to a business partnership where assets (i.e. the estate of the deceased) are…
Bernhard Schmeilzl
February 8, 2019
Austrian Inheritance LawAustrian ProbateGerman ProbateGerman Succession & Inheritance Law

“See the Big Picture”: The Preparation of International Wills

One-Day Workshop for English Wills & Probate Solicitors Clients these days often own foreign assets, have close relatives (i.e. future beneficiaries) who live abroad or even move to a non-UK country themselves. In all of these cases, a "standard" English last will and testament does not adequately cover all the client's needs. Foreign IHT consequences, for example, are often completely ignored. As is the fact that many European jurisdictions do not recognise an English trust…
Bernhard Schmeilzl
October 18, 2017