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All Posts By

Bernhard Schmeilzl

German Probate

German Probate can be slow if the Testator has disinherited close Relatives

Why do some German Grants take only 4-8 weeks to be issued, others 4-8 months? If a German testator has made a holographic will which disinherits those persons who would have been the heirs under German intestacy rules (more here), then the period the testamentary heirs must be patient is usually at least one or months longer than in other cases. This is due to the fact that German probate procedure rules in section 345…
Bernhard Schmeilzl
October 13, 2016
German Probate

German Wills and Grants of Probate are not on Central Public Record

German Wills are considered to be private and confidential Unlike in England, where Wills and Grants of Probate or Letters of Administration are available to everyone and are easily accessible online, German Grants of Probate and especially German Wills are being considered a private matter. These documents are not publicly accessible. Thus, in Germany, there is no probate search service. Instead, anyone who wishes to obtain information on a certain German inheritance case from the…
Bernhard Schmeilzl
October 13, 2016
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

Received an Inheritance in Germany? Be ready for Taxes, Taxes, Taxes!

Check the German Capital Gains Tax situation before you sell your inherited property! Waiting a few years may avoid significant taxes. If you have received an inheritance which comprises German assets, in particular German property, this inheritance may or may not trigger inheritance taxes in Germany and / or the UK. We have explained these IHT issues in detail in the following posts: The Perils of German IHT and Gift Tax Basics of German Inheritance…
Bernhard Schmeilzl
October 7, 2016
German ProbateGerman Succession & Inheritance Law

What is a “Vermächtnis” in a German Will? And how to claim it.

In the UK (and many other Common Law Jurisdictions) the property of the deceased passes initially to a personal representative (executor or administrator) who administers the estate by collecting it in, paying creditors and taxes and then passing the balance to the beneficiaries. Under German law, however, there is no such administration of the estate by a personal respresentative. Instead, in Germany (as in France) the heirs inherit their share of the estate of the…
Bernhard Schmeilzl
September 22, 2016
German LawProfessional Regulations

German Lawyers do not Renew their Practising Certificates each Year

How to check whether a German Lawyer (or other Professional) is properly licensed and insured Hiring a foreign lawyer (more here) involves a certain amount of trust, especially if this lawyer is supposed to handle the client's funds abroad. Many potential clients from the UK and the USA therefore ask their potential German attorney-at-law (Rechtsanwalt) to provide a copy of their current practising certificate. This request will, however, baffle a German lawyer (or tax advisor,…
Bernhard Schmeilzl
September 21, 2016
Conveyancing GermanyGerman ProbateGerman Succession & Inheritance LawProperty in Germany

Is “Miteigentum” in a German Property the same as “Tenancy in Common”?

The different ways to co-own property (real estate) in Germany Well, the legal concepts of "Miteigentum" and "Tenancy in Common" are quite similar, if not identical. The German Miteigentum (co-ownership) is regulated by the German Civil Code in sections 1008 to 1011. Each "Miteigentümer" has a direct, separately transferable interest in the property. However, where property is concerned, the rights of co-owners in Germany are usually individually defined in the notarial deeds and the German…
Bernhard Schmeilzl
September 20, 2016
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Efficient Transfer of Foreign Assets

Seminar for British Solicitors and UK Accountants who advise Clients with Assets Abroad. Main focus is on Germany, but speakers will also briefly touch upon Austria and Switzerland. If you advise clients who own property or other investments abroad, they are not always aware of the fact that this will trigger foreign inheritance taxes and that the executor(s) or beneficiaries will have to go through local probate procedure, which can takes many months and cost…
Bernhard Schmeilzl
September 15, 2016
Family LawGoing to court

Broken Engagement in Germany: Engagement Ring must be returned

May a bride keep the engagement ring under German family law rules? German law is very simple in regards to what happens to engagement gifts (especially engagement rings) if the the wedding is called off: They must be returned. Section 1301 German Civil Code (BGB) states: Section 1301: Return of the presents If the marriage does not take place, each engaged person may require the other to return what the former gave as a present or…
Bernhard Schmeilzl
September 12, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

Formal Requirements to set up a valid Will in England, Scotland and Germany: What are the Differences?

One will per each country or one universal will? International families, expats or elderly people who have moved to another country after retirement often have the choice as to under which country’s legal regime they wish to set up their Last Will & Testament (see here for mutual acknowledgement of Foreign Wills). In this article we compare the formal requirements of German, English and Scottish law (the latter being surprisingly different from English law, in…
Bernhard Schmeilzl
August 12, 2016
Business in GermanyBusiness Tax & Fiscal Obligations

Company Finance and Accounting in Germany

Smaller businesses, under German tax and accounting laws, must deliver to the same professional standards as larger companies, but they are often not in a financial position to pay for an experienced in-house team of accountants, controllers and financial planners. Such companies need to find a German tax advisor and accountancy firm (Steuerberaterkanzlei). If your are a German subsidiary or branch office of a British and American enterprise we can recommend experienced German service providers…
Bernhard Schmeilzl
August 3, 2016