Experts on U.S.-German Law & 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 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. Visit us also on YouTube.

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

How do you avoid to inherit debts in Germany?

Renounce the inheritance or apply for estate curatorship German succession laws contain a dangerous pitfall, the principle of universal and direct succession (the German legal buzzwords being: Universalsukzession and Direkterwerb). In contrast to the succession laws in Common Law jurisdiction, where the liability is automatically limited to the estate of the decedent, the default rule under German civil law is that heirs also inherit debts of the deceased - automatically! Direct and automatic succession means…
Bernhard Schmeilzl
April 24, 2020
German ProbateGerman Succession & Inheritance LawInternational ProbateLitigation in Germany

GERMAN WILLS ARE OFTEN VOIDABLE

A child or surviving spouse can challenge a German Will made "too early" German laws of succession are full of surprises, even for German lawyers who do not specialise in estate and probate law. One of those German succession law statutes which create shock among the testamentary heirs and beneficiaries is sections 2079 German Civil Code (Bürgerliches Gesetzbuch).  The language of the statute is somewhat cryptic: A will is voidable if the testator has omitted a…
Bernhard Schmeilzl
April 9, 2020
Conveyancing GermanyGerman LawGerman Succession & Inheritance Law

Selling Property in Germany? Better hurry!

Corona Crisis will cause German Real Estate Prices to drop For two decades, the only way was up when it came to market value (Verkehrswert) of German houses, flats and apartments, especially in large German cities like Munich, Frankfurt or Berlin. In 2020, this will all change! Even before the Corona outbreak in Europe, the rise in German property prices was no longer as steep as in previous years, due to a combination of extensive…
Bernhard Schmeilzl
March 18, 2020
German LawGerman ProbateGerman Succession & Inheritance LawInternational Probate

TYPICAL GERMAN WILL FOR SPOUSES – THE SO CALLED EHEGATTENTESTAMENT

German Spouses usually set up a Joint Will called Berliner Testament Under German succession laws, a will must either be officially recorded by a German notary public or the entire will must be written in the testator's own hand, so called eigenhändiges Testament (holographic will). More on the formal requirements to create a valid will is explained here. Married couples in Germany usually opt for the so called "Berliner Testament" or "Ehegattentestament", i.e. a joint…
Bernhard Schmeilzl
March 3, 2020
Civil actionGoing to courtLitigation in Germany

Are TV-Cameras allowed in German Courtrooms?

Videotaping and broadcasting is prohibited in Germany - with only very limited exceptions You will not see any video footage of a German court case, neither from a civil nor from a criminal trial. German law is very conservative and restrictive when it comes to photography and videotaping in a German court of law, let alone broadcasting the actual court hearing. The only exception to this rule applies to the highest Federal Courts of Germany…
Bernhard Schmeilzl
February 24, 2020
Family Law

Experts on German Family Law

German Pre-Nuptials, Post-Nuptials, Divorce Proceedings, Separation Agreements and Divorce Mediation International families as well as British and American expats in Germany are somtimes faced with German family law issues. Either because they wish to get their personal and financial affairs in order and ringfence their property by way of a pre-nuptial agreement which must "work" (i.e. be enforceable) in Germany as well as in the UK and the USA. Or because the marriage is in…
Bernhard Schmeilzl
February 5, 2020
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

WHY ARE GERMAN TRIAL LAWYERS SO LAME?

Or are they, really? That's a question I often get asked by U.S. clients who need to sue (or have been sued) in Germany. These American clients have certain expectations with regard to what a good and hard nosed litigation lawyer does. Harvey Specter style shock and awe tactics. The German civil litigation counsel, in their view, does not live up to these Hollywood or Netflix expectations. Well, what creates the impression of a German…
Bernhard Schmeilzl
December 4, 2019
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
European ProbateGerman ProbateGerman Succession & Inheritance LawInternational Probate

German Elder Law Experts – Since 2003

GrafLegal focuses on International Probate, Estate Planning and Elder Law Overseas probate law expert Bernhard Schmeilzl, Esq. has 20 years of experience dealing with international estate matters between the USA and Europe. He runs the leading blogs www.internationalprobatelaw.com for American families with assets in Europe and www.GermanCivilProcedure.com which both provide practical information on estate planning, on how to obtain foreign probate, on how to draft wills which are valid in multiple jurisdictions and -- if it comes…
Bernhard Schmeilzl
August 28, 2019
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
Austrian Inheritance LawAustrian ProbateGerman ProbateGerman Succession & Inheritance LawInternational Probate

International Probate Law – German Lawyers for Americans with Assets in Europe

Specialist Lawyers for the Administrations of Estates in Germany, Austria, Switzerland and England American families with assets in central European countries will find all they need to know about estate planning, creating living wills in Europe, probate proceedings and inheritance tax (also called estate tax or death tax) on the website InternationalProbateLaw.com, provided by the international probate law experts of Graf Legal LLP, a firm that specialises in German-American law since 2003. Many U.S. families…
Bernhard Schmeilzl
July 30, 2019
German LawLitigation in Germany

So much for Legal Tech in Germany

German Supreme Court rules that German lawyers must keep a docketing system (deadline planner) in paper form at all times A central professional task and duty of any lawyer is to diligently calculate, monitor and adhere to all relevant deadlines (which in German are called "Fristen"), be it court dates to submit briefs, limitation periods or other deadlines. In order to prove that a document has been sent out in time, paralegals in German law…
Bernhard Schmeilzl
June 4, 2019
German Corporate LawGerman Law

German Antitrust Law and Merger Control Rules

Basic Rules of German Antitrust and Merger Control by the German Federal Antitrust Division (Bundeskartellamt) In Germany, the Bundeskartellamt (Federal Antitrust Division) is responsible for supervising and enforcing German competition laws and regulations. Among other tasks, the main responsibilities are merger control within Germany, prevention of illegal German cartels and collusion between major economic players, as well as consumer protection in Germany. Merger Control in Germany The German Antitrust Division (Bundeskartellamt) assesses the effects a potential…
Bernhard Schmeilzl
May 27, 2019
German Corporate LawGerman Law

Individual Custom Software and German Law

How not to become really unhappy with your custom software "Made in Germany" Checklist of Legal Issues around creating Custom Software in Germany If you are planning to have custom software created for your company in Germany, you should first consider a few important things. Here's a checklist from the perspective of German IT law expert Stephan Hendel: What is individual or custom software? Individual or custom software is software that has been created for…
Bernhard Schmeilzl
May 24, 2019
Austrian Inheritance LawAustrian Probate

Fast Track Probate in Austria: Delivery Procedure

How to access Austrian assets if the deceased was domiciled outside Austria? Austrian law offers two very different probate procedures, the comprehensive Verlassenschaftsverfahren (full Austrian probate) and the much simpler Ausfolgungsverfahren. Which of the two routes must be taken depends on the circumstances of the case. The requirements for the Ausfolgungsverfahren, i.e. the Austrian fast track probate process are explained in the post How to Access Assets in Austria. Now, please do not take "fast…
Bernhard Schmeilzl
May 16, 2019
Civil actionGoing to courtLitigation in Germany

German Litigation Consultants and Forensic Experts

Do German Civil Procedure Rules Permit Witness Preparation? The first thing every US litigator must understand when it comes to German civil and criminal cases is that in a German courtroom there is no jury. At all! This fact alone eliminates much of the courtroom drama, acting and psychological witness examination techniques which are commonly used under United States procedure rules. In the absence of a jury, there is no need for psychological litigation consultants…
Bernhard Schmeilzl
March 1, 2019
Austrian ProbateEuropean ProbateGerman Probate

One Single Grant of Probate for all of Europe. Really?

What is a "European Certificate of Succession"? If someone dies who owned assets in more than one European country, a central question is whether the executor(s) or the inheritor(s) must take out separate grants of probate (letters of administration) in each European country where the deceased has held assets. Or whether there is the option of applying for one single Grant which could then be used to administer the respective estates in all European countries? Where…
Bernhard Schmeilzl
February 28, 2019
German ProbateGerman Succession & Inheritance LawGerman Tax LawInternational Probate

German Inheritance Tax Forms

Where to download the official German Estate and Gift Tax Forms If an estate comprises German assets or if a beneficiary to an estate is resident in Germany, then German inheritance tax ("Erbschaftsteuer") must be paid. Depending on the circumstances of the case, this German estate tax is levied either on the entire global estate of the deceased or at least on the portion of the estate which was gifted to the beneficiary who is…
Bernhard Schmeilzl
February 25, 2019
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