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German inheritance law

In the area of inheritance law, a distinction must be made between advice during one's lifetime and advice or representation after the occurrence of an inheritance case.

German inheritance law generally applies if the deceased has their habitual residence in Germany. Since 17.05.2015, i.e. since the application of the standards of the EU Succession Regulation (EU-ErbVO), nationality is no longer relevant from a German perspective. This means that, from a German perspective, German inheritance law also applies to foreigners of all nationalities who have their habitual residence in Germany.

We provide legal advice and representation in the context of estate planning and the settlement of estates. Advice is also available in Spanish or English. This applies in particular to the following areas:

1. estate planning: The term "estate planning" refers to the planning of the transfer of assets to the potential heir. The following questions often arise:

  • Do I need a will? Handwritten? Notarized?
  • Who is the heir? Does my spouse automatically inherit alone first (No!)?
  • Will my illegitimate child inherit?
  • My child is disabled. What options do I have under inheritance law?
  • What options are there, for example, to bequeath only a specific item?
  • Should we make a "Berlin will"?
  • How do I transfer my assets to the next generation?
  • What to do with foreign assets?
  • Does a prenuptial agreement make sense?

As part of a mandate, your situation is analyzed comprehensively and individually, after which a tailor-made concept is developed. If you have foreign assets in Spain, this will of course be taken into account. 

2. settlement of inher itance: The following questions frequently arise in the settlement of inheritance:

  • Accepting or rejecting an inheritance? How do you disclaim an inheritance?
  • What is my inheritance quota?
  • How do I secure the estate? Where can I obtain information?
  • Do I need a certificate of inheritance or a European Certificate of Succession?
  • I was disinherited, am I entitled to a compulsory portion?
  • How do I claim the compulsory portion?
  • What claims for information exist against heirs/co-heirs?
  • How do I enforce the right to information?
  • What happens with pre- and post-inheritance?

 When settling an inheritance after a succession has taken place, communities of heirs must be separated. Disinherited persons entitled to a compulsory portion must assert their claims in accordance with the statute of limitations. If it is not possible to settle the inheritance out of court, it must be examined whether a judicial settlement will help achieve the goal.

We are happy to help with any questions