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The Experts on Anglo-German Law

CrossChannelLawyers.co.uk, its German language counterpart Cross-Channel-Lawyers.de, and InternationalProbateLaw.com are law blogs (blawgs) dealing with Anglo-German legal issues. A network of international lawyers who are experienced in cross border legal problems and who give practical and reliable advice. The law blogs are run by the lawyers of Graf & Partners, a firm of German lawyers (Rechtsanwälte) with many years of professional experience in cross border legal proceedings, who provide legal advice in a comprehensive, understandable and user-oriented manner. Our experienced team of German litigation lawyers provides forensic services all across Germany and runs the expert litigation law blog German Civil Procedure. Graf & Partners, with its international expertise, is well equipped to advise and represent clients from the USA, the United Kingdom and other English speaking countries. Visit us also on YouTube.

+49 (0) 941 – 463 70 70
mail@grafpartner.com
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
German LawProfessional Regulations

German Lawyers do not Renew their Practising Certificates each Year

How to check whether a German Lawyer (or other Professional) is properly licensed and insured Hiring a foreign lawyer (more here) involves a certain amount of trust, especially if this lawyer is supposed to handle the client's funds abroad. Many potential clients from the UK and the USA therefore ask their potential German attorney-at-law (Rechtsanwalt) to provide a copy of their current practising certificate. This request will, however, baffle a German lawyer (or tax advisor,…
Bernhard Schmeilzl
September 21, 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
Family LawGoing to court

Broken Engagement in Germany: Engagement Ring must be returned

May a bride keep the engagement ring under German family law rules? German law is very simple in regards to what happens to engagement gifts (especially engagement rings) if the the wedding is called off: They must be returned. Section 1301 German Civil Code (BGB) states: Section 1301: Return of the presents If the marriage does not take place, each engaged person may require the other to return what the former gave as a present or…
Bernhard Schmeilzl
September 12, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

Formal Requirements to set up a valid Will in England, Scotland and Germany: What are the Differences?

One will per each country or one universal will? International families, expats or elderly people who have moved to another country after retirement often have the choice as to under which country’s legal regime they wish to set up their Last Will & Testament (see here for mutual acknowledgement of Foreign Wills). In this article we compare the formal requirements of German, English and Scottish law (the latter being surprisingly different from English law, in…
Bernhard Schmeilzl
August 12, 2016
Business in GermanyBusiness Tax & Fiscal Obligations

Company Finance and Accounting in Germany

Smaller businesses, under German tax and accounting laws, must deliver to the same professional standards as larger companies, but they are often not in a financial position to pay for an experienced in-house team of accountants, controllers and financial planners. Such companies need to find a German tax advisor and accountancy firm (Steuerberaterkanzlei). If your are a German subsidiary or branch office of a British and American enterprise we can recommend experienced German service providers…
Bernhard Schmeilzl
August 3, 2016
Business in GermanyGerman Corporate LawGerman Law

Buying a German Company

M&A Transactions Germany If you consider buying or merging with a German company or stock corporation (see checklist here), we can either structure and manage the entire acquisition process for you or merely assist with specific tasks like due diligence (e.g. financial, legal, business, IT) or contract negotiation. Our team of lawyers, financial and business experts has extensive experience with international M&A projects in various industry sectors. We will always keep matters as simple and…
Bernhard Schmeilzl
August 3, 2016
Business in GermanyBusiness Tax & Fiscal ObligationsFamily LawGerman Corporate LawGerman Labor LawGerman LawGerman Probate

English Desk at German Law Firm Graf Partners LLP

The Munich and Regensburg based German law firm Graf & Partners LLP, established in 2003, specialises in providing professional legal services to English speaking clients, both business and private. Our British-German specialist teams of lawyers and linguists advise on all legal and tax issues connected to Germany and European Union law, from business, corporate and labour to international probate, family law and property. The English Desk in our Munich office is headed by dual qualified…
Bernhard Schmeilzl
August 3, 2016
German ProbateGerman Succession & Inheritance Law

Is an English Last Will & Testament valid in Germany?

Even after Brexit? In most cases, the answer is simply: yes! Any Last Will which is set up in accordance with the formal requirements of English or Scottish law is, in principle, recognised as a valid Will by German Probate Courts. Within the European Union, this is nowadays exlicitly stated in Article 27 of the EU Succession Regulation, which, however, the UK has opted out of (even before Brexit): Article 27: Formal validity of dispositions…
Bernhard Schmeilzl
July 28, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

The Infamous “Community of Heirs” in German Inheritance Law – And How to Avoid it

A German testator can have more than one beneficiaries, but should never appoint more than one "heirs" German Succession Law does not know the concept of a "Personal Representative". Instead, German inheritance law applies the principle of direct accession (more on this here). That is all very nice and efficient if there is only a sole heir. Or if, in case there are several heirs, they are reasonable and on good speaking terms. If, however,…
Bernhard Schmeilzl
July 27, 2016
Business in GermanyGerman Corporate Law

Crash Course on Duties and Liability of a German Company Director (vs the Director of a UK Limited)

German-British Corporate Lawyers of Graf & Partners (Munich) coach newly appointed directors, CEOs and managers of German and English companies and corporations German Corporation Law and Limited Liability companies hold a number of surprising differences compared to UK or US company law. Have you, for example, ever heard of the German principle of "Kapitalerhaltungsgrundsatz" (i.e. the manager's duty to maintain the minimum share capital)? Well, if you intend to act as the director of a German…
Bernhard Schmeilzl
July 26, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

No Win No Fee Agreements are Void in Germany

Contingency fee agreements with litigation lawyers are illegal in Germany No win no fee agreements (contingency fees) between a client and lawyer are prohibited under German law. This has always been the tradition of German law (more here). The reasoning behind this rule is that German lawyers shall not undercut each other, because this would lead to poorly financed law offices providing very poor services to their clients. Also, German lawyers shall not be under the…
Bernhard Schmeilzl
July 26, 2016
German LawGerman Sports LawyersGerman Tort LawLitigation in GermanySports Law Experts Germany

You Keep Your Eyes On The Ball…

... while we'll keep ours on the law for you The German-British sport law experts of Graf & Partners specialise in drafting and negotiating sports related agreements, sponsoring and endorsement deals, sports related litigation and sports event agreements. We consult sports federations, professional sports clubs, major event sponsors and individual professional athletes from many different sports, including football (soccer), ice hockey, golf, baseball, motor sports and winter sports. Since, nowadays, sports law is essentially business…
Bernhard Schmeilzl
July 22, 2016
Business Tax & Fiscal ObligationsGerman Succession & Inheritance LawGerman Tax Law

International Probate: Assets in Germany will be found (and taxed) by German Tax Office

Nowhere to hide from the German Finanzamt If the deceased held funds or owned property in Germany, the German Tax Office (Finanzamt) will find out about it and will - most likely - levy German inheritance tax, even if the deceased was not a German national and even if the deceased was not resident in Germany. We have explained the workings of the German Inheritance and Gift Tax Code (Erbschafts- und Schenkungssteuergesetz) here. Executors are…
Bernhard Schmeilzl
July 6, 2016
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