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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
Property in Germany

Buying German Property as Brexit Counter-Strategy

If you consider to invest some of your money outside the UK due to Brexit and the financial uncertainties caused by it, purchasing property in Germany may be a smart approach. Property value has been rising steadily, in some German cities (like Munich, Frankfurt, Hamburg, Stuttgart) very significantly. The German economy is strong and finding solvent and reliable tenants is hardly ever a problem for landlords. If you consider purchasing a flat or a house…
Bernhard Schmeilzl
June 28, 2016
German Probate

How to Renounce the Role as Executor in Germany

If someone who owns assets in Germany dies, these foreign assets will only be released if a German (!) Grant of Probate can be presented. Since the UK has opted out of the EU Succession Regulation, an English Grant of Probate (or Scottish Confirmation) is worthless abroad, just as British financial institutions do not accept non-UK Grants. Thus, in principle, a national Grant of Probate must be obtained in each and every jurisdiction, where the…
Bernhard Schmeilzl
June 23, 2016
Business in Germany

Corresponding with Germans: How not to come across as being rude

Proper Email Etiquette when corresponding with Business Partners in Germany, Austria or Switzerland Our law firm specialises in British-German legal issues, so most of our email correspondence takes place in English. In many cases, we represent German business clients for whom we liaise with UK business partners, barristers, solicitors, tax advisors, or other consultants. Rule 1: Do not address people by their first name right away German clients, especially if they do not have any…
Bernhard Schmeilzl
June 23, 2016
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawGerman Tort LawLitigation in Germany

Expert Reports on German Law

As a full service German and English law firm, established in 2003, and the editors of the expert blog on German civil procedure rules we are often asked to provide English Law Firms with an expert report based on issues of German Law. Bernhard Schmeilzl, a bilingual Lawyer who qualified in 2001 (admitted to the Munich Bar) and is able to provide expert reports to be used in English litigation and arbitration cases based on…
Bernhard Schmeilzl
June 2, 2016
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Careful with Deed of Variation if Estate comprises Foreign Assets

Using a Deed of Variation in the UK may cause additional Taxes Abroad Let's take an easy example: An English testator owns property or a significant investment in Germany, which already triggers German inheritance tax, even if neither the legator nor the beneficiaries are resident in Germany. He has two children and gives the German house (or flat) to child 1, the German investment to child 2. For whatever reasons, the children prefer a different…
Bernhard Schmeilzl
June 1, 2016
Civil actionGoing to courtLitigation in Germany

Compensation for a wrecked Car under the German Law of Torts

Car Accidents: How are Damages calculated under German Law? Each year, German police registers 2.2 million traffic accidents (for official 2016 stats see here). German insurers, lawyers and Courts are thus constantly faced with the question how to calculate damage claims after a car accident has occured. If the car can still be repaired, the matter is fairly simple. The Defendant must pay for the costs for a state of the art repair plus the…
Bernhard Schmeilzl
May 31, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

German Law of Torts: Are Accident Victims entitled to a New House?

Can a disabled injured person claim for the predicted cost of accommodation or only the actual costs after they have been incurred? Under German law, a person who is impaired by an accident is entitled to adequate housing. The extent and amount necessary for adequate housing depends on what an impaired person would reasonably require. This can be determined by an expert, who will be appointed by a German court. However, a difficult and strongly…
Bernhard Schmeilzl
May 31, 2016
Civil actionGoing to courtLitigation in Germany

A German Claimant can’t be his own Witness

Civil Procedure Laws and actual Litigation Practice in German Court Rooms is very different from English or US Civil Trials Under the English Civil Procedure Rules, it is common practice that a Claimant provides a witness statement to the court. To the eyes of German lawyers and Judges, this is a strange concept, because German law does not allow parties to provide witness statements as evidence before the Court. Under section 447 German Civil Procedure…
Bernhard Schmeilzl
May 31, 2016
German ProbateGerman Succession & Inheritance Law

Are Foreign Wills valid in the United Kingdom?

...and will Brexit change anything with regard to recognition of Non-British Wills? To be valid, a Will must bear the signature of two witnesses, right? Well, in principle yes. Section 9 of the Wills Act 1837 (as amended) provides that a Will shall not be valid unless: (a) it is in writing and signed by the testator, or by some other person in his presence and by his direction; (b) it appears that the testator…
Bernhard Schmeilzl
May 18, 2016
Business in GermanyGerman Law

Why are German Contracts so short?

To the eyes of an English or a US contract lawyer, agreements drafted under German law appear shockingly short. This is not due to German contract lawyers being more lazy than their Anglo-American colleagues. Instead, the reason is the concept of Codification. Virtually all legal principles of German private and commercial law are laid down in statute books, most importantly the German Civil Code (Bürgerliches Gesetzbuch, BGB), the Commercial Code (Handelsgesetzbuch, HGB), the Code on…
Bernhard Schmeilzl
May 12, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

Most Germans die without a Will

German Intestacy Rules Explained The German rules about what happens when a person dies without having made a valid will (intestacy), are set out in section 1923 to 1936 German Civil Code (Bürgerliches Gesetzbuch, an English translation being available here. Intestate succession affects many families because roughly two out of three Germans die without having a valid Will in place. German intestacy rules are very different from those in Common Law countries. Children of the…
Bernhard Schmeilzl
May 9, 2016
German LawGerman Tort LawGoing to court

Standard of Proof in German Civil Litigation

Is the Standard of Proof any different under German Law than English Law? The standard of proof in German civil litigation is defined in section 286 German Civil Procedure Rules (Zivilprozessordnung): Section 286: Evaluation of evidence at the court’s discretion and conviction (1) The court is to decide, at its discretion and conviction, and taking account of the entire content of the hearings and the results obtained by evidence being taken, if any, whether an allegation…
Bernhard Schmeilzl
April 19, 2016
Civil actionGerman LawGerman Tort LawGoing to court

Does German Law of Torts know the Egg Shell Skull Rule?

Under English law of torts, a claimant is entitled to pursue a claim for injuries that have been sustained as a result of the negligence, even if their response to the damage they suffered was unusual or not predictable (e.g. due to brittle bone disease, haemophilia or a nervous disease of the injured person). This principle is known as the “egg shell skull” rule and means that the wrongdoer takes the claimant in the position they…
Bernhard Schmeilzl
April 19, 2016
German Succession & Inheritance LawGerman Tax Law

The Perils of German Inheritance Tax and Gift Tax

German Inheritance Tax applies when British Legators (and their Lawyers) least expect it UK and US lawyers are used to an inheritance tax regime where (only) the estate as such is being taxed. Within that system, it does not matter too much who the beneficiary is and where he or she is domiciled. The German Inheritance Tax concept, however, works entirely differently (basics explained here). Instead of taxing the estate itself, it taxes each individual…
Bernhard Schmeilzl
March 22, 2016
Business in GermanyGerman Labor LawGerman Law

Notices of Termination under German Law

How to fire an Employee in Germany Under German Law, the requirements, both in relation to the form as well as length of the notice period needed in order to terminate a contract for the performance of a continuing obligation (Dauerschuldvertrag), can vary significantly, depending on the type of contract that is in question. Employment contracts (Arbeitsverträge), Service Contracts (Dienstverträge) and Contracts for the production of a piece of work (Werkverträge) can be terminated without…
Bernhard Schmeilzl
March 21, 2016
Property Lease

Tenants beware of Waiver Clauses in German Property Lease Agreements

Renting a House or Flat in Germany? Do not sign a "Kündigungsverzicht" Clause The basic rule under German law is that tenants have the right to terminate an open-ended lease agreement by giving 3 months notice (see s. 573c German Civil Code in the chapter “property leases for an indefinite period” ). In contrast to the UK, such open-ended lease agreements are standard in Germany. However, a tenant can waive this right by signing it…
Bernhard Schmeilzl
February 26, 2016
Business in GermanyGerman LawGoing to courtStarting Business

Using a German Distributor? Beware of Choice of Law Clause!

What UK Suppliers should know about German Commercial Law You are a UK based supplier using a German-based distribution agent (Handelsvertreter) within Germany? So far, so good. However, in case you have accepted German law to be applicable or if you have chosen to remain silent on the issue of applicable law: Are you aware of what will happen upon termination of the distribution agreement? German law differs significantly from UK law when it comes…
Bernhard Schmeilzl
February 4, 2016
German Law

Apartment Prices in Germany: How to get a quick Overview

Need to rent a flat in Germany? Most expats or students coming to Germany will not buy property but instead lease an apartment. There is good news for potential tenants in Germany: Once you have secured a lease agreement, it is almost impossible for the landlord to kick you out again, due to "Mieterschutz" laws, which protect residential tenants against termination of the lease agreements (more on this here). Also, in 2015, the German Civil…
Bernhard Schmeilzl
January 26, 2016
German ProbateGerman Succession & Inheritance Law

What does a genuine German Certificate of Inheritance look like?

Beware of internet and email scams informing you about an inheritance you have made. If it sounds too good to be true - it is! Every day, thousands of people receive emails from criminals who attempt to defraud them by using the inheritance scam. As a law firm dealing with international probate matters, we receive at least one enquiry per day whether a notification about an inheritance is real or fake. Sometimes, unfortunately, the clients…
Bernhard Schmeilzl
January 19, 2016
Civil actionGoing to court

German Litigation Experts explain Civil Procedure Rules

How to win civil lawsuits in Germany Court procedures in Germany follow very different rules compared to Britain and the USA. There is, for instance, no pre-action protocol, no pre-trial discovery, no need for written witness statements, no direct examination of witnesses by the lawyers and - of course - no jury. Instead, there is a very extensive exchange of written statements to the court, followed by an -- in most cases comparatively brief --…
Bernhard Schmeilzl
December 23, 2015