All Posts By

Bernhard Schmeilzl

Business in Germany

Brexit as a Business Opportunity for British SME’s

British SME's can avoid losing EU customers and business partners by creating a EU subsidiary. And they can get ahead of their British Competitors while doing it. Brexit leaves many British businesses confused and scared about how and in which legal framework they will be able to continue to operate their business within the EU. Many of those businesses will merely wait and see what happens for many months or even years. However, waiting can be…
Bernhard Schmeilzl
June 28, 2016
Property in Germany

Buying German Property as Brexit Counter-Strategy

If you consider to invest some of your money outside the UK due to Brexit and the financial uncertainties caused by it, purchasing property in Germany may be a smart approach. Property value has been rising steadily, in some German cities (like Munich, Frankfurt, Hamburg, Stuttgart) very significantly. The German economy is strong and finding solvent and reliable tenants is hardly ever a problem for landlords. If you consider purchasing a flat or a house…
Bernhard Schmeilzl
June 28, 2016
German Probate

How to Renounce the Role as Executor in Germany

If someone who owns assets in Germany dies, these foreign assets will only be released if a German (!) Grant of Probate can be presented. Since the UK has opted out of the EU Succession Regulation, an English Grant of Probate (or Scottish Confirmation) is worthless abroad, just as British financial institutions do not accept non-UK Grants. Thus, in principle, a national Grant of Probate must be obtained in each and every jurisdiction, where the…
Bernhard Schmeilzl
June 23, 2016
Business in Germany

Corresponding with Germans: How not to come across as being rude

Proper Email Etiquette when corresponding with Business Partners in Germany, Austria or Switzerland Our law firm specialises in British-German legal issues, so most of our email correspondence takes place in English. In many cases, we represent German business clients for whom we liaise with UK business partners, barristers, solicitors, tax advisors, or other consultants. Rule 1: Do not address people by their first name right away German clients, especially if they do not have any…
Bernhard Schmeilzl
June 23, 2016
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawGerman Tort LawLitigation in Germany

Expert Reports on German Law

As a full service German and English law firm, established in 2003, and the editors of the expert blog on German civil procedure rules we are often asked to provide English Law Firms with an expert report based on issues of German Law. Bernhard Schmeilzl, a bilingual Lawyer who qualified in 2001 (admitted to the Munich Bar) and is able to provide expert reports to be used in English litigation and arbitration cases based on…
Bernhard Schmeilzl
June 2, 2016
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Careful with Deed of Variation if Estate comprises Foreign Assets

Using a Deed of Variation in the UK may cause additional Taxes Abroad Let's take an easy example: An English testator owns property or a significant investment in Germany, which already triggers German inheritance tax, even if neither the legator nor the beneficiaries are resident in Germany. He has two children and gives the German house (or flat) to child 1, the German investment to child 2. For whatever reasons, the children prefer a different…
Bernhard Schmeilzl
June 1, 2016
Civil actionGoing to courtLitigation in Germany

Compensation for a wrecked Car under the German Law of Torts

Car Accidents: How are Damages calculated under German Law? Each year, German police registers 2.2 million traffic accidents (for official 2016 stats see here). German insurers, lawyers and Courts are thus constantly faced with the question how to calculate damage claims after a car accident has occured. If the car can still be repaired, the matter is fairly simple. The Defendant must pay for the costs for a state of the art repair plus the…
Bernhard Schmeilzl
May 31, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

German Law of Torts: Are Accident Victims entitled to a New House?

Can a disabled injured person claim for the predicted cost of accommodation or only the actual costs after they have been incurred? Under German law, a person who is impaired by an accident is entitled to adequate housing. The extent and amount necessary for adequate housing depends on what an impaired person would reasonably require. This can be determined by an expert, who will be appointed by a German court. However, a difficult and strongly…
Bernhard Schmeilzl
May 31, 2016
Civil actionGoing to courtLitigation in Germany

A German Claimant can’t be his own Witness

Civil Procedure Laws and actual Litigation Practice in German Court Rooms is very different from English or US Civil Trials Under the English Civil Procedure Rules, it is common practice that a Claimant provides a witness statement to the court. To the eyes of German lawyers and Judges, this is a strange concept, because German law does not allow parties to provide witness statements as evidence before the Court. Under section 447 German Civil Procedure…
Bernhard Schmeilzl
May 31, 2016
German ProbateGerman Succession & Inheritance Law

Are Foreign Wills valid in the United Kingdom?

...and will Brexit change anything with regard to recognition of Non-British Wills? To be valid, a Will must bear the signature of two witnesses, right? Well, in principle yes. Section 9 of the Wills Act 1837 (as amended) provides that a Will shall not be valid unless: (a) it is in writing and signed by the testator, or by some other person in his presence and by his direction; (b) it appears that the testator…
Bernhard Schmeilzl
May 18, 2016