Category

German Law

Business in GermanyGerman Law

Graf & Partners LLP at Munich Expat Fair on 22 March 2015

Get Connected. Be Inspired. You’re Invited! That is the motto for the Expat in the City Fair that takes place on 22nd of March at the Alte Kongresshalle in Munich. It will be a one-day experience with information and inspiration for all internationals living in Munich. The people and businesses at the fair, that includes the law firm GRAF & PARTNERS LLP and their English solicitors and German lawyers, can help you make life in…
Bernhard Schmeilzl
March 10, 2015
German LawGerman ProbateGerman Succession & Inheritance Law

Prove German Wills for English Probate

Are German wills recognised in Britain? To an English lawyer, a German style will is shockingly short and informal. Typical wording in a German will would be: "Testament: I appoint as my sole heir my dear son Franz Meyer. Munich, 24 December 2000, Fritz Meyer" Even the following text would satisfy the German Probate court that it constitutes a fully valid German will: "My Wife gets everything. Hans Muller" Yes, this is a valid German…
Bernhard Schmeilzl
January 23, 2015
Business in GermanyCivil actionGerman LawGoing to court

German Limitation Periods are much shorter than in England

When do civil claims become statute barred in Germany? British enterprises doing business within Germany should be aware of the fact that the limitation periods differ hugely between the two jurisdictions. In regards to England, the Limitation Act 1980 states: Time limit for actions founded on simple contract: An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. This…
Bernhard Schmeilzl
January 23, 2015
Business in GermanyConveyancing GermanyDebt collectionGerman LawGoing to court

English Lawyers in Germany

Solicitor Jelowicki von Grafenstein in Munich Whether you have been involved in a car accident in Germany, need advice on German labour law or other contract matters, plan to start a German business, want to buy a house in Germany or need to swear an oath before an English solicitor, the Munich based law firm Graf & Partners can provide the necessary legal advice and representation. The firm was established in 2003 and speciales in British-German…
Bernhard Schmeilzl
November 7, 2014
German Law

German Lawyers in Scotland

German-Scots Legal Advice Since 2003, the German law firm Graf & Partners specialises in British-German legal matters including international probate and confirmation, corporate and business, recovery and litigation as well as family law. In Scotland we have well established ties with local solicitor firms in Edinburgh, Glasgow and Aberdeen. Graf & Partners solicitor Elissa Jelowicki has studied at Edinburgh University and is the first point of contact for Scottish-German legal matters. Our team of German,…
Bernhard Schmeilzl
September 26, 2014
Conveyancing GermanyGerman Law

Searching for Property Information in the German Land Registry

How to find out who owns a specific plot of land in Germany Every week we get a number of enquiries regarding German property and how to obtain Land Registry information. Mostly from creditors who "have heard" that their debtor owns property in Germany. Or from a spouse entangled in divorce proceedings who fears that the other spouse is hiding property located somewhere in Germany. Or, of course, enquiries in connection with international succession and…
Bernhard Schmeilzl
September 25, 2014
Business in GermanyGerman Corporate LawGerman LawStarting Business

How to read a German Commercial Register Extract

German Company Register provides reliable, up to date information on all German businesses But it is a difficult read, even for native speakers. Every German company, partnership and association must be officially registered in the Handelsregister (Commercial Register). In contrast to England, where this information is collected centrally by Companies House, Germany uses a decentralised system. The "original" records of a company are kept at the respective local District Court (Amtsgericht) where the company has…
Bernhard Schmeilzl
September 25, 2014
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax Law

Not only German Grant of Probate …

... is necessary for a foreign beneficiary to be able access the German estate. In addition to a Certificate of Inheritance (details here) the banks, insurance companies or other third parties that hold assets of the deceased will demand to see a Certificate of Non-Objection or Tax Clearance Certificate (in German called "Unbedenklichkeitsbescheinigung") issued by the German Tax authorities (Finanzamt). The reason for this is that according to Section 20 para. 6 German Inheritance Tax…
Bernhard Schmeilzl
September 23, 2014
Criminal LawGerman LawProfessional Regulations

Real German Lawyer or Fraudster?

Sadly, internet fraud and email scams are rather common nowadays (for "popular" schemes se here). In some cases one of the fraudsters claims to be a German Rechtsanwalt, i.e. a German lawyer. In case you have doubts whether this German solicitor really exists and what his registered professional office address and phone numbers are, there is a very simple and quick way to verify: Simply visit the official website of the German Federal Bar Association…
Bernhard Schmeilzl
September 12, 2014
Civil actionDebt collectionGerman LawGoing to courtProfessional Regulations

So you want to practice Law in Germany?

Update for British readers: This post explains the pre-Brexit legal situation There are an impressive 160,000 advocates (Rechtsanwälte) registered to practice law in Germany (from the official statistics of the German Bar Association: German Advocates in February 2013). However, that doesn't mean there are not interesting opportunities for British lawyers who are considering practising law in Germany: Many German companies (have to) negotiate and draft agreements with international business partners in the English language and…
Bernhard Schmeilzl
August 8, 2013