Keep your German will at home or have it registered with German probate court?
If you live in Germany or have significant assets there you should consider making a separate last will with regard to those German assets. If you do so, the question arises where to store the will. In case you opted for a so called public will (i.e. a will recorded before a German notary), an official copy of your German will is automatically sent to the central registry. So there is no risk of the will being misplaced or destroyed.
If, however, you opt for a holographic (i.e. handwritten) will or if you wish to include your German assets in your English will, you can — and probably should — deposit said will with the German Probate Registry (Nachlassgericht) at the German town where you live. This not only protects your will against any fould play but also speeds up German probate proceedings later on. Of course, you can at any time withdraw your will from safekeeping in case you change your mind about the content of the will.
How much does it cost to deposit a will or codicil?
There is a one-off charge to deposit a will or codicil which depends on the value of your estate. Usually between EUR 80 and EUR 200. So be prepared for the court official to ask you about the value of your German estate (a rough estimate is sufficient).
In order to avoid unpleasant surprises or probate problems, British expats living in Germany should definitely have their last will checked by an international succession law expert. English solicitors are rarely willing to consider foreign law implications (for some examples how English wills can lead to catastrophic results outside the UK see here).
If you wish to instruct Graf & Partners LLP to draft a Will or to team up with a foreign lawyer to advise in specific areas of German or Austrian law, please feel free to complete the questionnaire and contact our German succession and probate law experts. Lawyers can create a tailor-made Last Will only if they are fully informed about the testator’s personal situation and his/her objectives. In order to draw up a Last Will that fully meets the clients individual requirements, Graf Partner LLP uses a comprehensive questionnaire and Will preparation checklist (available for download here). This checklist also helps to facilitate an effective and individual preparation for the personal meeting at the firm.
German solicitor Bernhard Schmeilzl also conducts inhouse seminars for British and American lawyers and accountants who advise clients with foreign assets or who have family abroad. More on these seminars here: Advising Clients with Assets Abroad
For more information on German-British probate matters and international will preparation see the below posts by the international succession law experts of Graf & Partners LLP:
- Most Germans die without a Will (German Intestacy Rules)
- Formal Requirements to set up a valid Will in England, Scotland and Germany: What are the Differences?
- The Perils of German IHT and Gift Tax
- Workshop: Clients with Foreign Assets
- Basics of German Inheritance and Succession Law
- Executors and Trustees in German Inheritance Law
- How to apply for a German Grant of Probate
- The Infamous German Community of Heirs – And how to avoid it
- Germans Heirs are Personally Liable for Debts of the Deceased
- International Wills and Estate Planning for British-German Families
- Prove German Wills for English Probate
- Disputed Wills and Contentious Probate in Germany
- Disinherit your no-good children? Not so easy in Germany
- Don’t be afraid of Clients with Foreign Assets!
- Can foreign Taxes be set off against UK Inheritance Tax?
Or simply click on the “German Probate” section in the right column of this blog.
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The law firm Graf & Partners and its German-English litigation department GP Chambers was established in 2003 and has many years of experience with British-German and US-German probate matters, including the representation of clients in contentious probate matters. If you wish us to advise or represent you in a German or cross border inheritance case please contact German solicitor Bernhard Schmeilzl, LL.M. (Leicester) at +49 941 463 7070.