was successfully added to your cart.

Cart

Tag

German succession law

German ProbateGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

Can Brits with domicile in Germany avoid the German Compulsory Share Rules?

Theoretically yes, by using a choice of law clause in the will, but German Supreme Court established high hurdles If the deceased - regardless of their nationality - had their habitual residence (which is essentially identical with the main residence) in Germany prior to their death, German inheritance law applies, including the provisions on the compulsory share / forced heirship (Pflichtteil). More on those Pflichtteil rules here: https://www.crosschannellawyers.co.uk/what-are-the-german-forced-share-rules/ Thus, spouses and offspring, and even parents…
Bernhard Schmeilzl
February 13, 2024
German ProbateGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

Sell Your Share in a German Estate — Even Before Probate

Renouncing the Inheritance Against Fair Financial Compensation If you have inherited in Germany but are not the only beneficiary, you may get tied up in the administration of such a German estate for years, because under German succession law, there is no personal representative (i.e. executor or administrator). Instead, the co-heirs (Miterben) deal with the estate themselves. Such a community of beneficiaries is called "Erbengemeinschaft". The practical problem: They have to work together and most…
Bernhard Schmeilzl
October 28, 2020