Inheritance law matters (will, certificate of inheritance, division of estates)

The notary's tasks in the field of inheritance law include the following in particular:

• Preparation of a disposition of property upon death (will, Berlin will, disabled person's will, contract of inheritance)
• Applying for a certificate of inheritance, European Certificate of Succession (ENZ) 
• Settlement of estates, sale of inheritance shares
• Waiver of inheritance and compulsory portion
• Mediation proceedings for the settlement of estates

When planning your succession, the notary drafts a will tailored to your needs with the correct legal wording after consulting you. He registers the will with the Central Register of Wills maintained by the Federal Chamber of Notaries and places the will in the official custody of the probate court. This procedure ensures that the will is opened quickly by the probate court after the death has occurred. If there is real estate in the estate, the notarized will or contract of inheritance can in most cases be used to register the heirs in the land register without having to submit a certificate of inheritance. If there is only a handwritten will, a certificate of inheritance must be applied for and submitted to the land registry.

It should be noted that the EU Succession Regulation has applied to deaths since 17.08.2015. This means that, from a German perspective, succession upon death is governed by the law of the country in which the deceased had their last habitual residence. However, it is possible to make a choice of law in favor of one's home law (nationality) by testamentary disposition (will, inheritance contract). Foreigners who have their habitual residence in Germany and Germans who have their habitual residence abroad should check whether there is a need for action with regard to their estate planning.