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Challenge German will

German LawGerman ProbateGerman Succession & Inheritance LawInternational ProbateLitigation in Germany

Does a German Last Will & Testament become void if the Testator later marries or has Children?

Does marriage automatically void previous wills under German law? Not automatically, but the surviving spouse and/or the child may challenge the Will for being "outdated". The German legal term is "Anfechtung" according to section 2079 German Civil Code (Section Wills & Probate), which states: Section 2079 German Civil Code Avoidance for omission of a person entitled to a compulsory portion A testamentary disposition may be avoided if the testator has omitted a person entitled to a…
Bernhard Schmeilzl
May 29, 2017
Civil actionGerman ProbateGerman Succession & Inheritance Law

Disputed Wills and Contentious Probate in Germany

German Litigation Expert Bernhard Schmeilzl of Graf Legal explains the Basics of Contentious Probate If it is unclear whether a last will is valid, it can get messy between the potential beneficiaries. In Germany, this is even more so because -- in contrast to the UK -- German law knows no administration of the estate by a personal representative. Instead, the heirs (in German: Erben) have the right to administer the estate themselves. Due to…
Bernhard Schmeilzl
July 11, 2014