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German Probate

German ProbateGerman Succession & Inheritance LawProperty in Germany

How to Access German Assets without having to go through German Probate

There are Practical Alternatives to German Wills German law provides for a number of legal tools which enable a testator to transfer some or all of his assets outside of the German probate rules, i.e. the transfer will then happen automatically upon the testator’s death. This has many advantages: No need for a will, nor a German grant of probate, i.e. no waiting period and no probate costs. These tools are "conditional transfers in contemplation…
Bernhard Schmeilzl
January 9, 2017
German ProbateGerman Succession & Inheritance Law

Want to Inherit the Debts of your German Relatives?

Of course not! But inheriting debt from a family member who lives abroad is a real risk under German law! The concept of inheriting debts from deceased relatives stuns people, especially lawyers, from common law jurisdictions like Britain or the USA. There the basic rule is: Personal debt dies with the borrower. The executor of the estate will attempt to sell whatever collateral there is and pay off the creditors to the extent possible. All…
Bernhard Schmeilzl
December 16, 2016
German ProbateGerman Tax Law

Deed of Variation and International Succession

Careful when using a Deed of Variation to mitigate UK Inheritance Tax! The Deed may backfire if there are foreign assets or beneficiaries who live outside the UK If someone dies intestate and leaves both a surviving spouse and a child (or children), then UK inheritance tax is due if the value of the estate exceeds GBP 900,000. In these cases, it is tempting to make use of a Deed of Variation in order to…
Bernhard Schmeilzl
November 9, 2016
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax Law

Everything about German Inheritance & Gift Tax at one Glance

German residents are subject to German inheritance tax. Always! Many of our blogposts deal with German probate and the tax implications of international inheritance cases (see list below). English solicitors and their clients are often stunned by the fact that German assets which are part of an English estate can trigger significant German inheritance and/or gift tax, in addition to UK IHT. Vice versa, if a beneficiary happens to be resident in Germany (even if…
Bernhard Schmeilzl
October 14, 2016
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
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