German
Inheritance
and Probate
Lawyer

At Schlun & Elseven Rechtsanwälte, our lawyers assist our clients with drafting wills to ensure that they are legally valid. By working with our lawyers, you can make sure to avoid common pitfalls present within the will-making process. We also support our clients when they need to change elements within or revoke their wills. Often, wills have international elements, particularly for German testators with heirs abroad or testators from other countries with German heirs. Our team advises clients regarding issues, such as der Pflichtteil (the compulsory share) and how difficulties within the community of heirs (“die Erbengemeinschaft”) can be avoided.

The inheritance contract (Erbvertrag) is a binding agreement between at least two parties, including the testator. It is a means of disposition of property and assets following the testator’s passing. In comparison to a will, an inheritance contract is less flexible and subject to more robust legal requirements. Changing or cancelling an inheritance contract involves drafting an agreement with the other parties, and it must be notarized. An inheritance contract allows the testator to place specific demands on the prospective heir. An inheritance contract may consist of the testator leaving their property to the heir; however, the heir may face obligations to take care of the testator in their old age.

If you are a testator who has heirs based abroad or if you live outside of Germany but wish to leave property or assets to an heir in Germany, consulting with an inheritance lawyer may be in your best interest. Complex questions concerning inheritance tax, the power of disposition and obtaining bank account information can arise, preventing your heirs from obtaining their inheritance.

At Schlun & Elseven Rechtsanwälte, our German inheritance lawyers will outline the legal requirements specific to your personal situation. Once we have the required information, our team will support you by making you aware of the legal necessities and help you to avoid pitfalls that may cause your heirs difficulty in the future. We have worked with clients worldwide.

The compulsory (minimum) share of a person’s inheritance (in German: “ der Pflichtteil”) is an amount that a testator is obliged to (according to law) leave to certain family members. The Pflichtteil varies depending on the relationship between the heir and the testator and the family situation.  Generally, the Pflichtteil is present for the children and spouse of the testator but can also involve their parents and grandchildren, depending on the situation. The Pflichtteil is legislated for under § 2303 BGB and ensures that they are not left out of the will. However, there are some particular cases where a close family member can be excluded from the Pflichtteil. At Schlun & Elseven Rechtsanwälte, our inheritance law team is ready to answer all of your questions and support you in your legal case.

The death of a family member can lead to many legal difficulties, and at Schlun & Elseven Rechtsanwälte, our lawyers are here to support you. Inheritance law requirements in Germany can leave heirs with many questions over the final testament and the actions they need to take to acquire their property. Our lawyers will assist you with obtaining bank account information, the power of disposition, and gaining inheritance certificates (“Erbscheine”).

Aspects of an inheritance can also be controversial. There may be suspicions of undue influence in drafting a will that our lawyers can investigate. In cases where family members have been deliberately written out of the will, disputes can arise regarding the mandatory share of the inheritance (das Pflichtteil). Cases with multiple heirs (a “community of heirs”) is another area that often requires expert legal guidance from an experienced inheritance lawyer.

At Schlun & Elseven Rechtsanwälte, our inheritance law expert, Dr. Thomas Bichat, advises clients in Germany and further afield on all matters relating to German inheritance law.

Inheriting a property in Germany can seem like an enormous benefit, however, heirs should be aware that there can be particular risks involved. Accepting an inheritance is not always acceptable, particularly where there are significant debts involved. Heirs have six weeks to decide on whether they should accept or reject a property, therefore, that time needs to be used carefully. Besides the issue of debts, the property may also have issues, such as that it cannot be used for a purpose you have in mind, restoring the property may cost too much and that the land is not of significant value or is unsuitable for development plans.

Our German inheritance lawyer also advises on matters, such as inheritance tax. Inheritance tax in Germany is another critical matter when inheriting a property, as the inheritance tax to be paid will be based on factors, such as: the property value, the value of the estate, the relationship between the testator and the heir and the number of heirs involved.

In the context of inheritance, inheritance law and tax law issues become relevant. Therefore, the lawyers of Schlun & Elseven Rechtsanwälte offer you a comprehensive service in German inheritance and tax law.

Depending on the amount of the inheritance and the degree of relationship of the deceased to the heirs, inheritance tax may be payable under certain circumstances. Our experts in inheritance and tax law will explain any aspects of your specific inheritance case to you. In addition to assisting you with your inheritance tax return and calculating the amount of tax due, our lawyers can support you in inheritance cases involving businesses and real estate.

Our lawyers will also represent you in tax evasion proceedings. Our experts will stand up for your rights and interests to avoid a conviction for tax evasion and thus a fine or imprisonment.

In our globalised world, with families often spread across many countries, it is not unusual for an inheritance to have international and cross-border elements. Testators may be seeking answers as to how they can leave their assets to their heirs while considering the different countries’ legal requirements. Heirs may have questions on inheritance tax and other conditions when inheriting from a relative abroad. Such questions can appear overwhelming, especially after the death of a loved one in a country far away.

Our German inheritance lawyer provides the expert guidance needed in situations, such as where the heir lives in Germany and has inherited abroad, or they live abroad and have inherited in Germany. The first question in these matters is whether German or foreign inheritance law applies. The states involved and their legal systems are decisive to clarify this question. In some states, a person’s estate is decided based on the principle of nationality or the principle of domicile.