English-speaking inheritance lawyers in Freiburg.

Which law applies to the estate?

For deaths since 17 August 2015, the EU Succession Regulation decides which law governs the whole estate: as a rule, the law of the country where the deceased last habitually lived. A will may instead choose the law of the deceased’s nationality. German courts apply these rules to estates of British, American, Swiss and other non-EU nationals as well. We check which law applies to your case and whether a choice of law is advisable.

Certificate of inheritance and European Certificate of Succession

Banks and the land register will ask you to prove that you are the heir. Without a notarial will, this means a certificate of inheritance (Erbschein) from the German probate court, or a European Certificate of Succession for use in other EU countries. We prepare the application, the declarations and the documents. If you live abroad, the required declaration can usually be made before a German consulate or a local notary, so you do not need to travel.

Accepting or disclaiming an inheritance

In Germany the heirs step into the shoes of the deceased automatically, debts included. If you do not want the inheritance, you must disclaim it within six weeks of learning of it. The period is six months if the deceased last lived abroad or if you were abroad when it started. The disclaimer must be declared before the probate court or certified by a notary. We assess the estate with you and handle the declaration, also from abroad.

Compulsory share (Pflichtteil)

Children, spouses and, in some cases, parents cannot be fully disinherited under German law. They are entitled to a cash claim against the heirs worth half of what they would have received without a will. Gifts made in the last ten years before the death may be added to the calculation. The claim is subject to a three-year limitation period. We assert and defend compulsory share claims.

Community of heirs and German property

Where there are several heirs, they own the estate jointly until it is divided. Nothing can be sold or let without agreement. We negotiate the division, arrange the sale or the transfer of a property to one heir and, if no agreement is possible, apply for a partition sale. Correcting the land register is free of court fees within two years of the death.

Wills, joint wills and choice of law

A German will can be handwritten, in which case the entire text must be in the testator’s own hand, dated and signed, or recorded by a notary. Spouses may make a joint will. A will can also choose the law of your nationality for your estate. We draft wills that fit your family situation and your assets in Germany and abroad, and register them with the German Central Register of Wills.

Transferring property to the next generation

Many clients transfer a house or flat to their children during their lifetime and keep a right of residence or a usufruct. We design the transfer, review the notary’s draft and build in rights of reclaim. Questions of inheritance and gift tax we answer together with our partners in tax advisory and auditing.

Estate administration for heirs abroad

Under a power of attorney we deal with the probate court, banks, insurers, the land register and the tax office on your behalf. The German tax office must be notified of an inheritance within three months. We coordinate the steps so that you only have to decide, not travel.