German-French Probate and Inheritance Lawyers

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At Schlun & Elseven Rechtsanwälte, our German inheritance law specialists are here to support clients on all matters concerning German-French inheritance cases. We advise testators in matters of estate planning and heirs in inheritance cases.

Such cases include those involving French citizens who have German assets and need to consider them during estate planning, French citizens with an interest in German business assets, whether for estate planning or inheriting reasons, and French citizens who have inherited German property.

If you require the advice of our German inheritance lawyers, please do not hesitate to contact our team directly.

Inheritance Law Services
for Testators

If you seek to design your will or create an inheritance contract and your estate is located in Germany and France or your heir is in France. At Schlun & Elseven, our team is ready to advise you regarding estate planning and the options available to you.

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Inheritance Law Services
for Heirs

Services for French heirs or heirs based in France who have inherited property or assets in Germany, and for potential heirs who require further information regarding inheriting in Germany.

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Choosing between the German and French Legal Systems

In comparison to German-Canadian or German-British inheritance cases, German-French inheritance cases have the advantage that both countries have signed up to the EU Inheritance Law Regulation. Essentially, under this regulation, the last habitual residence of the deceased is a critical factor in determining jurisdiction. If a German citizen living in France dies, French inheritance law applies to their entire estate. On the other hand, French nationals living in Germany inherit according to German inheritance law.

However, testators should know that they can also make a choice regarding the legal system applied to their case. German citizens living in France can choose to have German law applied to their case and, therefore, avoid the law of their last place of residence. Dual French-German citizens can also choose one or the other legal system.

However, these decisions are where the value of consulting with professional legal advice is definitely required. Determining the “correct choice” of the inheritance system is not a straightforward question and is instead based on many factors. There are significant differences between the two systems in certain areas. At S&E, our team will outline the legal provisions involved in German inheritance law and indicate aspects to be aware of for your particular case.

Our Legal Services for Testators

Estate Planning and Our Expertise for Testators

At Schlun & Elseven Rechtsanwälte, our inheritance lawyers are available to advise testators on wills and estate planning under German law. If you are in a situation where you have assets in France or have French heirs, our lawyers can advise you regarding some of the precautions that may need to be taken and steps to ensure that your wishes are carried out as designed.

Estate planning is essential for those with business assets or are entrepreneurs in either country. Our full-service approach will examine your case from the inheritance law perspective but also with an eye for German corporate law aspects. By planning early, and consulting with our professionals, you can be assured that your business will be in safe hands, and with the right person or people in the event of succession.

For private assets, our team advise on the different forms of wills under German law and whether an inheritance contract (Erbvertrag) is more suitable for your case. Differences exist between German and French law regarding wills as for example, French law does not recognise joint spousal wills such as the classic “Berlin will” in German inheritance law. Similarly, French law is far more limiting in matters relating to inheritance contracts. The “Berlin will” in German law allows spouses to appoint each other as sole heirs. Such a construct means the the children of the couple therefore do not inherit at first. They inherit once both parents are deceased.

Moreover, our legal team advises on “anticipated succession” and giving gifts to future heirs. Anticipated succession involves transferring assets to an heir during their lifetime, which can be attractive for inheritance tax reasons. However, it is strongly advisable to consult with our legal professionals regarding how such transfers should take place.

Furthermore, our lawyers will outline the vital aspects of inheritance and estate tax that your heirs will need to be made aware of and actions they can take regarding them. Cross-border cases involving inheritance tax are often complex. For example, in France differences exist relating to the period within which the inheritance tax return must be submitted based on where the deceased died, with a more favourable deadline if they died abroad. Failures to meet deadlines there can lead to penalties.

At Schlun & Elseven Rechtsanwälte, we provide comprehensive guidance in all matters relating to estate planning under German law. If you require our advice, please do not hesitate to contact us directly.

Intestate Succession

In matters concerning intestate succession, French and German inheritance law are quite similar to each other. 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 is avoided by carefully drafting wills or inheritance contracts. Such a step, particularly in the presence of experienced inheritance lawyers, allow the testator control over their assets and estate.

Under intestate succession, the deceased’s spouse receives their share of the estate first. The surviving relatives of the deceased determine their claim. 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.

French inheritance law is similar in this regard as legal succession in France is also based on the law of relative inheritance. Whereby descendants of the deceased are heirs of the first order and, if the deceased was unmarried, receive the entire estate in equal shares. It should be noted that children born in and out of wedlock are treated equally under the law. Just like in Germany, the parents and siblings of the deceased are considered in the second class, and the deceased’s ancestors, such as grandparents, are in the third class. The exact order can vary slightly between the countries, but the general idea is similar.

It should be noted that registered civil partners do not have the same rights of inheritance in intestate situations. Therefore, the testator needs to ensure that they draw up a will to include them.

Our Services for Heirs:

Inheriting in Germany and France: Our Expertise for Heirs

Our lawyers are here to support you if you will inherit or expect to inherit property or other assets based in Germany.

By working with us, we will guide you through the complexities of German inheritance law. We will outline all legal requirements regarding the “community of heirs” (“die Erbengemeinschaft”), the inheritance certificate (“der Erbschein”) and the compulsory share of the inheritance (“das Pflichtteil”). Similarities between German and French inheritance mean that some aspects will carry over between the two legal systems.

For example, the compulsory share also exists under French law for the deceased’s children and surviving spouse. The testator cannot simply disinherit them; according to French law, there is a reserved part for them that the testator cannot easily avoid when making their will.

Both French and German law leave open the possibility of rejecting an inheritance. French law allows for an unreserved acceptance of the inheritance and an acceptance with reservation, which limits the heir’s liability to the estate. Heirs cannot later easily change an unserved acceptance into an acceptance with reservation. German law allows for the rejection of inheritance, but the heir is limited to a six-week window to make the decision.

If the estate is overindebted or the property is not suitable in Germany, the heir can consider rejecting the inheritance. For example, inheriting a property in Germany may seem beneficial, but the risks involved can significantly complicate the matter. The location or layout of the property may not be suitable for the heir’s purposes. However, it is best advised to consult with our legal professionals before making such a step. The deadlines in Germany are pretty strict and limited; therefore, it is best to contact us at an early stage of the inheritance.

However, should you accept the inheritance as an heir, our lawyers will provide expert assistance in guiding you through that process. Our lawyers will advise you on the requirements expected of you as an heir under German law and assist you in obtaining the necessary files and documents.

Under German inheritance law, the estate (the whole of the estate or part of it) transfers to the heir or heirs, as outlined under § 1922 (1) BGB (German Civil Code). A “community of heirs” is automatically formed by a succession involving several heirs, outlined under § 2038. Under the community of heirs system, the estate automatically becomes their joint property under § 2032 para. 1 BGB and must be administered jointly by all heirs. Such an inheritance can arise in cases where the deceased did not leave a will (died intestate) or where they left the property to several people. This arrangement can be particularly complex for heirs abroad, and legal advice is often necessary.