At Schlun & Elseven Rechtsanwälte, our German inheritance law specialists are here to support clients on all matters concerning German-British inheritance cases.
Such cases include those involving UK citizens who have German assets and need to consider them during estate planning, UK citizens with an interest in German business assets, whether for estate planning or inheriting reasons, UK citizens who have inherited German property and UK citizens who are executors of estates that include property (or properties) in Germany.
If you require the advice of our German inheritance lawyers, please do not hesitate to contact our team directly.
Difficulties involved with German-British Inheritance Cases: Determining Jurisdiction
As it is no longer part of the European Union and never signed up for the regulation in the first place, the UK is a “third country” regarding the European Succession Regulation.
According to the EU Regulation of Successions, in succession cases involving signatory states the applicable jurisdiction to cross-border successions is determined by the last “habitual residence” of the deceased. This applies so long as the deceased did not determine the applicable legislation through a choice of law. However, in German-British successions determining the applicable jurisdiction carries arguably greater importance and can be more complex. Determining this can be based on facts of the case, such as the nationality of the deceased or where they are based.
When we examine the international succession law of England and Wales, for example, property inheritance matters follow the inheritance law of the property location, whereas other factors play a more significant role with moveable assets. It should also be noted that inheritance law in Scotland can differ from that in the rest of the UK in several aspects. At Schlun & Elseven Rechtsanwälte, our lawyers will outline how these factors apply to the individual case.
Under English law, some significant differences exist compared to German law, such as the non-existence of the principle of universal succession. Under English law, the estate is similar to its own legal entity and has a legal representative (either an executor nominated by the deceased or an administrator who is a court-appointed executor) in the process. As outlined below, this situation can have a significant impact on heirs.
Intestate Succession
Intestate succession under German law is legislated under § 1931 BGB, and it applies where no will has been created; the will does not fulfil German law requirements or where assets are excluded from the will. Intestate succession ensures that there is less control over who shall eventually inherit the property and assets involved.
Under intestate succession in Germany, the deceased’s spouse receives their share of the estate first. Their claim is determined by the surviving relatives of the deceased. If they have surviving children (or grandchildren, should the children be predeceased), the spouse will receive 25% of the estate. If the deceased has surviving parents, siblings or grandparents, the spouse gets 50% of the estate. However, if any of the named relatives do not survive the deceased, the spouse will receive 100% of the deceased’s legacy.
Family claims are determined by their “class” within the inheritance order. Any beneficiaries of a higher class exclude any potential beneficiary of the next class (§ 1930 BGB). Therefore, if a successor is in Class one, they receive the inheritance instead of sharing it with those in classes two and three.
Under English and Welsh law, the deceased’s successors are their spouse, the children, and further relatives and similarly to German law they are placed in different groups. Generally, the deceased’s children and spouse will inherit. In contrast, other family members’ rights will be based on their placement in the group, and which other family members are in the group. It is similar to German law, but the figures involved relating to inheritance taxes are usually much different. Therefore, consulting with legal professionals is always advisable.
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Your German Inheritance Law Specialist
Your German
Inheritance Law Specialist
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 German Inheritance Lawyers
Please use the contact form to inform us about your concerns in the field of inheritance law, and German-British inheritance cases. After receiving your request, our lawyers will make a short preliminary assessment based on the information provided and will provide you with a quotation. You are then free to decide whether you want to instruct us.