Litigation Costs in Germany: Basic Principles and an Online Cost Calculator

By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or … Continue reading

Forensic Accountant for Business Litigation in Germany

You need to understand German company accounts? In order to win a business or corporate law suit, understanding the numbers is often equally important as knowing the legal aspects of the case. The same is true if you plan to … Continue reading

Standard of Proof in German Civil Litigation

Is the Standard of Proof any different under German Law than English Law? The standard of proof in German civil litigation is defined in section 286 German Civil Procedure Rules (Zivilprozessordnung): Section 286: Evaluation of evidence at the court’s discretion and … Continue reading

German Litigation Experts explain Civil Procedure Rules

Court procedures in Germany follow very different rules compared to Britain and the USA. There is, for instance, no pre-action protocol, no pre-trial discovery, no need for written witness statements, no direct examination of witnesses by the lawyers and – … Continue reading

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 … Continue reading

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 … Continue reading

British Solicitors: better brace for a cliff-edge Brexit

“Brexit not the end of the world” Theresa May recently stated that 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 … Continue reading

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 … Continue reading

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 … Continue reading