Category

German Law

Austrian Inheritance LawAustrian ProbateGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawInternational ProbateWills and Succession Planning

British Expats Beware of Foreign Succession Laws and Foreign Inheritance Tax

Children of British Expats in Europe often are entitled to the Estate without even knowing it. EU Succession Laws are full of surprises. British expats who are resident in Europe, let's say in Germany, Austria, France or Spain, rarely are aware that ever since the introduction of the EU Succession Regulation (August 2015), if they pass away while being resident in that country, the Inheritance and Succession Laws of that country of residence will most…
Bernhard Schmeilzl
October 11, 2017
Business in GermanyContract TemplatesConveyancing GermanyGerman Corporate LawGerman LawM&A GermanyProperty in GermanyStarting or Expanding Business

Careful with M&A Asset Deals in Germany

Pitfalls of German Contract Law (Part 3):  Many Asset Deal Purchase Agreements must be in Notarial Form to be Valid in Germany German Law requires certain transactions to be recorded before a Civil Law Notary in order for these agreements to be valid and enforceable. The list ranges from pre-nuptial and marriage agreements, to any real estate related transaction, to the formation of German companies and stock corporations. One aspect is, however, sometimes overlooked even…
Bernhard Schmeilzl
September 29, 2017
Austrian Inheritance LawGerman LawGerman ProbateGerman Succession & Inheritance LawWills and Succession Planning

If a British Testator relocates to Europe…

... the surviving spouse may be in for an unpleasant surprise Since 2015, according to the rules of the EU Succession Regulation, the criterion "last habitual residence" of the deceased determines which succession laws apply to the estate. If, for instance, a British national moves to Spain, Germany or France and later on dies there, then the respective national succession laws, i.e. Spanish, German or French succession laws, do apply (except with regard to UK…
Bernhard Schmeilzl
September 28, 2017
GeneralGerman Law

LGBT Friendly Law Firms in Germany, Austria and Britain

Although Germany and Britain are comparatively liberal and progressive societies, we are fully aware that the struggle against hate, discrimination and bigotry is far from over. Our firm of German and British lawyers supports openness, diversity and equal rights for all sexual orientations and gender identities. We welcome clients from the LGBT community both in Germany and the UK and we provide legal advice in all areas of law, from family law (e.g. same sex…
Bernhard Schmeilzl
September 28, 2017
German LawGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

Preparing International Wills: A Checklist for Clients and their Lawyers

Complete Questionnaire for International Families and Expats who are resident or own Assets in Germany or Austria If you or your client owns assets in more than one country, or if a beneficiary is resident in another country than the testator, chances are that the executor and/or the beneficiary need to obtain probate in more than one country. Since the EU Succession Regulation neither applies to the United Kingdom nor to Ireland, the option to…
Bernhard Schmeilzl
September 14, 2017
Conveyancing GermanyGerman LawGerman Tax LawProperty in Germany

Is there German Capital Gains Tax when you sell a German Property?

Tax implications of selling property in Germany If you buy or inherit German property (whether it is a house, a flat or just a plot of land) and this property is then sold (by you or your heirs) before a period of ten full years has expired, the resulting profit (sale price minus purchase price minus certain related costs like notary fees) is subject to German tax, even if you are not a German tax…
Bernhard Schmeilzl
July 26, 2017
Austrian Inheritance LawAustrian ProbateGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawInternational ProbateProperty in Germany

Workshop “Clients with Foreign Assets” for British Inheritance & Probate Lawyers

Testators with assets abroads Why would an English or Scottish solicitor even give a toss about German or Spanish inheritance tax laws or about French or Italian forced heirship rules? Well, for starters, in order to avoid the client's survivors yelling at him/her some years later because they ran into probate or/and foreign tax problems abroad. Or, and this is of course the far better reason, to really impress your client with advice on international…
Bernhard Schmeilzl
July 25, 2017
German Law

Our Munich Office has relocated

Same part of town, but larger and more modern offices! Since 1st of June you can find our Munich lawyers in the modern and centrally located Agendis Business Center building on Radlkoferstr. 2. We are looking forward to meeting you in our new office! For those clients who specifically chose our firm because we were located right next to the Octoberfest area: Relax, the new office is only 500 meters south-west of the old one.…
Bernhard Schmeilzl
June 2, 2017
Conveyancing GermanyGerman LawProperty in Germany

Purchase German Property by Online Auction?

Beware of buying German real estate through the internet. It does not work that way in Germany! Our firm specalises in German-British and German-Amercian legal matters. Thus, we are sometimes contacted by non-German clients who proudly tell us that they have just successfully bought German property by way of online auction, for example from "MIDLAND ASSET MANAGEMENT LTD" or another online auction service provider. There is just one small problem with this: In order to…
Bernhard Schmeilzl
May 29, 2017
German LawGerman ProbateGerman Succession & Inheritance LawInternational ProbateLitigation in Germany

Does a German Last Will & Testament become void if the Testator later marries or has Children?

Does marriage automatically void previous wills under German law? Not automatically, but the surviving spouse and/or the child may challenge the Will for being "outdated". The German legal term is "Anfechtung" according to section 2079 German Civil Code (Section Wills & Probate), which states: Section 2079 German Civil Code Avoidance for omission of a person entitled to a compulsory portion A testamentary disposition may be avoided if the testator has omitted a person entitled to a…
Bernhard Schmeilzl
May 29, 2017