All Posts By

Bernhard Schmeilzl

Criminal LawGerman Citizenship and Immigration

On German Boats Illegally Across the English Channel

Germany has tightened Criminal Code to curb human trafficking into the UK The German "Aufenthaltsgesetz" (Residence Act) of 2004 makes it a criminal offense to assist a person to illegally enter or to illegally remain in a European Union or Schengen Member State (there are four countries, Switzerland, Norway, Iceland and Liechtenstein, who are in the Schengen area but who are not EU Member States). The details of what exactly is punishable are quite complicated,…
Bernhard Schmeilzl
August 14, 2026
Business in GermanyEmployment Law GermanyGerman Labor Law

Staff Cuts in Germany – How to Avoid Legal Blunders

Dismissal of Employees in Germany: A Guide for Employers Business downsizing forces companies to take painful measures. To ensure that redundancies on operational grounds (betriebsbedingte Kündigung) survive the strict scrutiny by the German employment tribunal (Arbeitsgericht), employers in Germany must strictly adhere to a long list of formal and legal requirements. Even minor errors in the process can render redundancies invalid and will lead to costly severance payments or unfair dismissal proceedings. This guide takes…
Bernhard Schmeilzl
August 12, 2026
Criminal LawGerman Tort Law

Driving an e-scooter drunk in Germany results in an EU-wide driving ban

Do not underestimate the risks of driving an e-scooter after a night out German police have absolutely no sense of humour when it comes to e-scooters. Looking at your phone while driving, taking another person with you on the scooter and especially driving while intoxicated has serious consenquences. If you are heavily drunk, i.e. have an alcohol blood level of 1.1 per mille (0.11%) or above, the drivers license is gone and you are facing…
Bernhard Schmeilzl
July 21, 2026
Estate PanningGerman ProbateGerman Succession & Inheritance LawInternational Probate

Which German Probate Court to Apply to?

How to find the correct probate registry in cross-border inheritance cases Germany has 638 County Courts (Amtsgerichte), each of which has a probate department (Nachlassgericht). In order to obtain a German grant of probate (Erbschein), the applicant must address the right one, namely the County Court which has local jurisdiction (örtliche Zuständigkeit).  This is the first aspect which any local probate registrar (Rechtspfleger) in Germany checks, because it is an easy way of getting an…
Bernhard Schmeilzl
December 30, 2025
Civil actionCriminal LawEstate PanningWills and Succession Planning

Bristol Will Writers cheat German beneficiaries out of their £400k inheritance from UK aunt

WDS ASSOCIATES LEGAL SERVICES LTD "LOSES" £1.6 MILLION CLIENT FUNDS Will Writers do not have the best reputation. Already back in 2010, BBC One aired a 30 min report titled "Wills - The Final Rip Off?"  accompanied by this article.  A current case involving the Bristol based "law firm" WDS ASSOCIATES LEGAL SERVICES LTD shows that this bad reputation is not entirely undeserved. That firm, which has earned a large number of horrific client reviews on Google…
Bernhard Schmeilzl
May 22, 2025
Business in Germany

Business development for English Solicitors who are looking for German clients

The law blog on English law in German language generates high end legal business for UK solicitors Launched only in October 2024, the expert law blog www.EnglischesRecht.de, which is the German translation of English law, created and owned by experienced law blogger and international lawyer Bernhard Schmeilzl, is already the #1 go to platform for anyone who searches the internet – in German – for information on English law or for an English lawyer, i.e.…
Bernhard Schmeilzl
May 19, 2025
Business in GermanyConveyancing GermanyEstate PanningFamily LawGerman Corporate LawGerman ProbateGerman Real Estate LawGerman Succession & Inheritance LawGerman Tax LawProperty in GermanyWills and Succession Planning

How to transfer German property to your children or grandchildren tax free

Estate planning in Germany by way of a property management partnership (vermögensverwaltende Personengesellschaft, Familiengesellschaft) If you own (or have inherited) property in Germany, it makes sense from a German tax mitigation perspective to transfer some or all of it to your children or grandchildren during your lifetime. In fact, as early on as possible. Because this allows you to take advantage of the high German gift and inheritance tax allowances multiple times. One particularly efficient…
Bernhard Schmeilzl
January 7, 2025
Conveyancing GermanyEstate PanningGerman ProbateGerman Succession & Inheritance LawWills and Succession Planning

How to mitigate German Gift and Inheritance Tax by way of Niessbrauch (usufruct, life interest, reservation of benefit)

Why German estate planners and tax lawyers love the tool "lifetime gift with a reserved life interest" Any German testator who has offspring and who owns a significant estate and therefore asks their German tax lawyer about estate planning advice on how to transfer the family wealth onto the next generation without paying unneccessary German gift tax or inheritance tax, will, inter alia, be proposed to make use of the standard German estate planning tool…
Bernhard Schmeilzl
October 4, 2024
Conveyancing GermanyEuropean ProbateGerman ProbateGerman Succession & Inheritance LawInternational ProbateProperty in Germany

Can an inheritance in Germany become time-barred?

How long do I have to claim a German inheritance? In international succession and probate cases, it is not unusual that one or more beneficiaries cannot be found for quite some time, either because they have left Germany many years ago and have not stayed in touch with their family, so nobody knows where they now live. Or because the heirs (especially if intestacy rules apply) are very distant relatives, for example third degree cousins,…
Bernhard Schmeilzl
July 3, 2024