Experts on U.S.-German Law & Anglo-German Law

CrossChannelLawyers.co.uk and its German language counterpart Cross-Channel-Lawyers.de 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 English solicitors and German 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 litigation department provides forensic services all across Germany and runs the expert 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.

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mail@grafpartner.com
Civil actionCriminal LawGerman Tort LawGoing to courtLitigation in Germany

Medical Malpractice Lawsuits in Germany

How to sue a German Hospital or Physician for Medical Malpractice If you believe that you or a loved one suffered an injury caused by medical negligence (medical mistakes) in Germany, the first step is to stay calm -- as difficult as that may be -- and to try and collect as much factual information as possible without immediately declaring all out war on the medical staff or the hospital. Why? Because once you openly…
Bernhard Schmeilzl
February 20, 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
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
Family LawGerman LawGerman Succession & Inheritance LawGerman Tax Law

Adoption of an Adult in Germany

How to adopt an Adult under German law. And why people do it. Adopting an adult person (Erwachsenenadoption) is increasingly popular in Germany, especially in wealthy cities like Munich, Frankfurt or Berlin. Why so? Because a child -- including an adopted adult -- is entitled to claim the maximum German personal gift & inheritance tax allowance of EUR 400,000. More distant relatives, for instance nieces and nephews, only have a meager EUR 20,000 tax allowance…
Bernhard Schmeilzl
February 7, 2019
Austrian ProbateEuropean ProbateGerman ProbateGerman Succession & Inheritance LawGerman Tax LawInheritance Law SwitzerlandSwiss Probate

International Probate USA and Europe

Is a USA Grant of Probate valid in Europe? No, it is not. If a US citizen who passed away has owned assets in Europe, then the US executor (or their US probate lawyer dealing with this international estate) will have to obtain separate grants of probate (or letters of administration) in each and every European country where the decedent held assets. A grant issued by a U.S. probate court is of no use in…
Bernhard Schmeilzl
January 28, 2019
German Succession & Inheritance LawWills and Succession Planning

The Number One Blunder made by English Wills & Probate Solicitors

What English Solicitors tend to overlook when preparing Wills for overseas Clients We see cases like this all the time: A British expat lives in Germany for a few years and unexpectedly passes away while having his or her permanent residence in Germany. A British family moves to Germany permanently but keeps their English wills in place. Or they ask their English solicitor to prepare a new will for them although they now live in…
Bernhard Schmeilzl
January 23, 2019
European ProbateGerman ProbateGerman Succession & Inheritance LawInternational Probate

Which German Court has jurisdiction for a Probate Application?

Submitting the German Probate Application to the wrong court will cause months of delay If the deceased had owned assets in Germany, you will need to apply for a separate German grant. Grants issued by a British probate registry or a United States probate court are useless in Germany. As we have explained in our post “How to apply for a German Grant of Probate”, German institutions (land registry, banks, insurance companies etc) as well…
Bernhard Schmeilzl
January 22, 2019
Criminal LawGerman Tort LawLitigation in Germany

Witness to a Crime in Germany?

Your Rights and Duties as a Witness to a Crime in Germany In case you have observed a criminal offence in Germany or if -- for whatever reason -- you have knowledge about factual circumstances relevant in connection with a German criminal investigation, you may be approached by the German police or the German public prosecutor (Staatsanwalt) and asked to give a witness statement. Here's what you should know as a (potential) witness in a German…
Bernhard Schmeilzl
January 22, 2019
Criminal LawDebt collectionGerman Tort Law

How to press criminal Charges in Germany

Victim of a Crime in Germany? These are your options: In case you have been hurt in an accident in Germany which was caused by someone else  or if you have been outright assaulted and injured while in Germany, you should immediately think about how to best collect the necessary evidence for a potential legal case later on. In other words: document all the relevant facts, for example by getting the names, addresses and phone…
Bernhard Schmeilzl
January 21, 2019
German LawGerman ProbateGerman Succession & Inheritance LawGoing to courtInternational Probate

German Grant of Probate not always necessary

Since the 2016 landmark ruling by the German Federal Court of Justice, beneficiaries (heirs) to a German estate may be able to entirely avoid German probate proceedings. Even if there is just a handwritten will. If a decedent who owned assets in Germany died intestate, a German grant (ERbschein) is unavoidable. But if he or she has made any kind of German will, chances are that formal probate proceedings may not even be necessary to…
Bernhard Schmeilzl
December 17, 2018
Business in GermanyGerman Labor LawGerman Law

Relocate from UK to Germany

Thousands of German and Austrian Expats leave Great Britain and move back to Europe How do we know this? Because the enquiries from German and Austrian companies asking us about how to quickly relocate their employees from the United Kingdom back to Germany have skyrocketed. The two main reasons for the exodus are: (1) German and Austrian expats in England feel unwanted and do no longer see a good future for themselves and their family…
Bernhard Schmeilzl
December 10, 2018
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
Austrian Inheritance LawAustrian ProbateEuropean Probate

Probate in Austria: What is “Todesfallaufnahme”?

The first practical step when applying for an Austrian Grant of Probate is completing the Todesfallaufnahme questionnaire In the previous posts How to Access Assets in Austria? and How to deal with Assets in Austria we have already explained the relevant Austrian succession laws and probate regulations. In this new post, we show what practical step needs to be taken in order to start the Austrian probate procedure. Contact the competent Austrian probate court Under…
Bernhard Schmeilzl
November 24, 2018
European ProbateGerman ProbateGerman Succession & Inheritance LawInternational ProbateLitigation in GermanyWills and Succession Planning

How to speed up German Probate Applications

Avoid common mistakes in your application for a German grant of probate (Erbschein) The basics of the German non-contentious probate procedure are explained in the post How to apply for German Probate. There you can also find an example of what a genuine German grant, i.e. the “Erbschein” (certificate of inheritance) looks like. For those who want to dig deeper and get really technical about German probate, we now examine the central statutes of German…
Bernhard Schmeilzl
October 26, 2018
Civil action

Where to File a Lawsuit in Germany

This Chart explains Jurisdiction and Venue in German Civil and Commercial Court Cases. More information on litigation and legal fees in Germany is available on our expert law blog www.GERMANCIVILPROCEDURE.com The law firm Graf & Partners was established in 2003 and has many years of experience with British-German and US-German legal matters.The Anglo-German litigation lawyer team of GP Chambers is well equipped to advise and represent clients from the UK and other English speaking countries.…
Bernhard Schmeilzl
October 12, 2018
Family LawGerman Labor LawGerman LawStarting Business

What is a “polizeiliches Führungszeugnis”?

And when do you need it? The German “polizeiliches Führungszeugnis” is the equivalent of the British “enhanced criminal record certificate” as defined in sec. 115 Police Act 1997, sometimes also referred to as “certificate of conduct”, “good-conduct certificate” or “police clearance certificate”. The Führungszeugnis is an official document issued on special green paper by the German Bundesamt für Justiz (Federal Office of Justice) in Bonn. It lists criminal offences above a certain threshold, usually if someone…
Bernhard Schmeilzl
September 25, 2018
Business in GermanyCyberlawGerman Law

Abuse of your Web Shop?

What to do if your online shop is attacked by criminals: an IT lawyer’s view. In times of digitalization it is extremely attractive to offer your products online – this has several advantages. No sales room is needed, the offers are available around the clock and there are no annoying sales talks. Sounds good at first? Of course, it is! As long as there are no problems with the web shop… A real life example…
Bernhard Schmeilzl
August 31, 2018
Business in GermanyGerman LawLitigation in Germany

British Solicitors: better brace for a cliff-edge Brexit

“Brexit not the end of the world” Theresa May recently statedthat a no-deal Brexit ‘wouldn’t be the end of the world’. How reassuring! If you are an English or Scottish solicitor who specialises in international law, such a rock hard Brexit may, however, well be the end of your career as an internation lawyer. Because in case of an ever more likely no-deal scenario, English solicitors will no longer be able to provide legal services…
Bernhard Schmeilzl
August 30, 2018
German ProbateGerman Succession & Inheritance LawInternational Probate

How to Limit the Personal Liability of Executors and Beneficiaries in German Probate Cases

Using "Public Creditor Notification" (Aufgebotsverfahren) to restrict liability to the funds available in the German estate Under German succession laws, a beneficiary (Erbe) is personally liable for the debts of the decedent, i.e. if the debts of the deceased exceed the value of the estate then the beneficiaries must pay the remaining debts out of their own pockets. More here.   Obviously, no beneficiary in his or her right mind wants that result (except for…
Bernhard Schmeilzl
August 9, 2018
Austrian ProbateGerman LawGerman ProbateGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

German Probate: What to do if a beneficiary (co-heir) cannot be found?

Does anyone know where Great-Granduncle Fritz lives? In some probate cases (Nachlassverfahren), especially if a decedent had no children, no surviving spouse and no surviving siblings, the next of kin cannot be located, either because the relevant persons have died so long ago that the closest living relatives of the testator can’t be identified (e.g. died in the war) or because they have moved to another country and nobody knows their whereabouts. Even if only…
Bernhard Schmeilzl
August 7, 2018