Evaluation of Inheritance Value in Germany

German Inheritance Lawyers

Evaluation of Inheritance Value in Germany

German Inheritance Lawyers

Determining the value of an estate is crucial for many reasons, and can have significant tax implications for heirs in Germany. Furthermore, the process ensures that assets are distributed fairly and it allows heirs to make informed decisions about the management of the inherited assets.

At Schlun & Elseven Rechtsanwälte, our inheritance lawyers are ready to advise our clients in all matters relating to the evaluation of inheritance value in Germany. By contacting our team directly, you can benefit from our full-service assistance in such cases. Please do not hesitate to contact us directly for further advice.

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Legal Assistance for Heirs
  • Advice on the risks of accepting inheritance
  • Advice on the possibility of refusing an inheritance
  • Application for a certificate of inheritance at the competent probate court
  • Drafting of an estate inventory
  • Legal support in inheritance disputes
  • Settlement of all inheritance matters with financial institutions, insurance companies and the land registry office
  • Representation in conflict situations | Litigation | Negotiation | Arbitration
Further Legal Services

Why is Determining the Value of Inheritance Important?

Accurately determining the value of an inheritance in Germany is essential for several reasons. Firstly, the estate’s value determines how the assets are distributed among the heirs. Should the inheritance valuation be inaccurate, this could lead to an uneven distribution of assets, and in turn, that can cause costly legal conflicts and disputes among the heirs. Moreover, estate valuation has tax implications. In Germany, inheritance tax is levied on the value of the assets that are being inherited. Should the value of the assets be inaccurately calculated, the heirs or beneficiaries can end up paying more tax than they are actually required to pay.

Should they end up paying less tax, they may face questions regarding their affairs and even accusations of tax fraud which carries criminal law sanctions. Finally, resolving the value of inheritance can be significant on pragmatic grounds. For example, if the inheritance value is not accurately calculated, it may be challenging for the heirs to make informed conclusions regarding managing the assets.

How is Inheritance Value Determined in Germany?

In Germany, the inheritance value is determined by the value of the assets that are being inherited. Such assets, in this case, include all real estate, personal property, and financial assets of the testator. The financial assets can consist of bank accounts, stocks, and bonds. The value of these assets is determined based on their current market value or the value they would have if they were sold.

The distribution of the inheritance is governed by the inheritance laws in Germany, which vary depending on the relationship between the deceased and the inheritor. In general, the spouse and children of the deceased are entitled to a particular portion of the inheritance, and the remainder is divided among other relatives according to a set of rules set out in the German Civil Code. Disinheriting close family members, such as children, is only allowed in limited circumstances, as the rules of compulsory share of inheritance have an essential role.

Some certain exemptions and allowances can reduce the value of the inheritance, such as the so-called “tax-free amount”, which is a certain amount of money that is not subject to inheritance tax. The legislation sets the tax-free amount and can vary depending on the relationship between the deceased and the inheritor.

How our Lawyers Support Clients in the Distribution of the Estate

In inheritance value cases, expert legal assistance is of significant benefit. At Schlun & Elseven Rechtsanwälte PartG MbB, our legal experts are ready to support you in several ways. Firstly, our team can assist you with valuing the assets that make up the estate, including real estate, personal property, financial assets, and business interests. For our clients outside of Germany this service provided due to our on-the-ground expertise can be of significant value. Our inheritance lawyers also assist our clients with identifying debts or liabilities that must be considered when calculating the inheritance value.

Our professionals are also ready to advise clients regarding determining who is entitled to inherit under the terms of the will or under the laws of intestacy (when there is no will). Our lawyers advise clients worldwide in matters of German inheritance law and breakdown the complexity involved in specific aspects of the relevant laws. Moreover, our team supports clients during the legal process of probate, which involves proving the validity of the will and obtaining the necessary court orders to allow the inheritance distribution to proceed. In this regard, our lawyers prepare and file the necessary legal documents, represent the estate in court, and work with the court to ensure that all legal requirements are met.

Additionally, our team is available to oversee the distribution of the estate according to the terms of the will or the laws of intestacy. Our lawyers will work with other professionals, such as accountants and tax advisers, to ensure that the inheritanceis correctly administered and that all required legal and financial matters are handled. By working with our professionals you can be assured that the issue is in safe hands. Should any legal disputes arise during the course of the distribution of the estate, our lawyers will be available to advise you in the conflict. Our team is available to advise you in court if necessary but also in negotiating settlements that can be overseen outside of court.

Challenging the Value of an Inheritance in Germany

It is not uncommon for the value of an inheritance to be challenged, especially regarding the accuracy of a valuation relating to specific assets or real estate. At Schlun & Elseven Rechtsanwälte, our inheritance law team is available to clients on either side of the argument, those defending a valuation and those challenging. Should a property or real estate valuation be in dispute, parties need to be ready to consult with a professional appraiser to present evidence of its value. On the other hand, if there are doubts regarding financial assets, it may be appropriate to obtain financial statements and other documentation. Our lawyers are available to assist you in these matters.

Our lawyers will advise you generally on the validity of the challenge and whether legal action is the best course of action. Our professionals will provide clear guidance and a reliable outline regarding the steps that need to be taken and how best to prepare for the legal action. Once the appropriate action has been determined, our lawyers are ready to gather the necessary evidence to support our client’s position. Such action can include, obtaining financial records (such as bank statements and tax returns), request appraisals of value, subpoena records from third parties and take witness statements. Once our client is in a strong position, our lawyers can negotiate with the other party to reach a mutually acceptable resolution. However, if such a position is impossible to achieve, our lawyers will comprehensively represent you in court.

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Your German Inheritance Law Specialist

Your German
Inheritance Law Specialist

Dr. Thomas Bichat

Lawyer | Salary Partner

As an attorney for inheritance law, Dr. Bichat offers comprehensive legal advice and representation on all legal issues that become relevant for heirs and testators before and after an inheritance. Whether in drafting wills, business succession or estate planning, he will support you expertly and with the necessary commitment.

Dr. Bichat is considered a proven expert in complex inheritance cases with international ramifications: Clients worldwide rely on his expertise and negotiating skills.

Contact our Lawyers for German Inheritance Law

Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.

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Locations & Office Times

Mo – Fr: 09:00 – 19:00
24h Contact: 0221 93295960
Email: info@se-legal.de
Appointments made by telephone only.

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