German Inheritance Tax
Here at Giambrone we guide you through German law.
Giambrone & Partners is a full-service law firm who are active all over Germany. Receive legal advice and counsel from an expert in the field of German inheritance law today.
German Inheritance & Probate Lawyer
The questions and problems arising in German inheritance law are diverse and at times very complex. These complications can be particularly difficult to resolve due to the emotional difficulties involved in such cases, however, expert legal advice can often be the crucial aspect in safeguarding your inheritance rights.
Generally, one must differentiate between the situation before and that after death. We all must, at some point, confront the question of how to organise our will and final testament. With the right legal advice and guidance, your final testament can help prevent legal disputes arising afterwards. Clearly and meticulously planning how your assets should be divided while considering your legal requirements is the safest way to protect your legacy. After the death of the testator has occurred, it must be determined who the heirs are and what their respective entitlements should be.
Legal Services for German Inheritance Law & German Probate Law
Court Representation in Inheritance Disputes
It is quite common for heirs to disagree or to feel that they have been treated unjustly. This often leads to a trial in which the issues surrounding the inheritance, meaning mainly the interpretation of the will or similar instrument, are decided. In cases where a “community of heirs” arise there are often disputes as to how the inheritance should be dealt with. Our law firm Giambrone & Partners will represent you in all inheritance trials with the necessary assertiveness, alongside the required empathy.
We are not limited to acting in Germany as we can also support you in cases with international aspects.
Estate Planning, Drafting of Wills and Other Services
Some inheritance law issues will arise before a testator’s death and it is vital to get the right legal advice in such matters. It must be noted that there are complications inherent in drafting wills and in estate planning, as there are certain formalities which must be observed to ensure that the will is valid. Professional assistance with drafting a final testament can ensure that the following questions are answered:
● Who should my heirs be and how are they to receive their inheritance?
● Can I transfer my assets to my spouse or children under favourable conditions during my lifetime?
● How can I ensure that after my death, everything happens the way I envisioned?
At Giambrone & Partners we're available and ready to answer all of these questions and much more. We will advise you on how you can best fulfil your wishes and ideas regarding your will and final testament. Once you have brought your aims our lawyers they'll will work tirelessly to ensure that your requirements are in line with German inheritance law’s necessities.
After the Passing of the Testator
The death of a testator can lead to many legal difficulties arising. There may be question marks over the final testament and how it was decided upon. It is not unusual for undue or questionable influences to have been placed over a vulnerable elderly family member. Such cases require further investigation. Often, cases, where family members have been deliberately written out of the will, can lead to disputes over the mandatory share of the inheritance (das Pflichtteil). Cases with multiple heirs (a “community of heirs”) is another area which often requires expert legal guidance from an experienced inheritance lawyer.
Another aspect of the inheritance is whether the heir should claim their entitlement. It may be in the heir’s best interest to refuse an inheritance, particularly one where there are large debts included. Refusing an inheritance is limited b law however to the first six weeks after becoming aware of the inheritance (§ 1944 BGB). Therefore, in such cases, where this action is even considered, it is vital to receive timely professional legal counsel. Another aspect to consider following a family member’s death is obtaining an inheritance certificate, as this can be used to cancel standing bank orders. However, complications can sometimes arise here, as well. This matter can be difficult for family members, especially in the aftermath of such a difficult event. It should be considered whether allowing an outside expert to take care of these matters quickly and reliably.
In inheritance disputes, in particular, an expert lawyer’s detailed inspection of the will, the inheritance contract or any other declarations made by the testator is indispensable. Often, such declarations are not entirely free of ambiguities and must therefore be interpreted. Our lawyers will take on these tasks with legal expertise and the necessary interpersonal tact.
International and Cross-Border Disputes: Inheritance Lawyer
In our globalised world, with families often spread across many countries, it is not unusual for inheritance matters to have international and cross-border elements. Such complications can leave heirs and testators requiring expert legal guidance. Testators may be seeking answers as to how they can leave their assets to their heirs, while considering the legal requirements of the different countries involved. Heirs may question the inheritance tax and other requirements when inheriting from a relative abroad. Such questions can appear overwhelming, and especially after the death of a loved one in a country far away. Allow Giambrone & Partners Rechtsanwälte to help you.
Get specialist counsel in estate planning and other inheritance law issues with international dimensions. Our lawyers can oversee your cases legal requirements within Germany and clearly explain the next steps you need to take. Should disputes arise, we, at Giambrone & Partners will represent and support you in cases concerning probate litigation. Our firm specialises in cross-border legal disputes and through the usage of video conferencing, and other communication methods, we are available to clients based all over the world. Contact us now if you need guidance in the field of international inheritance law.
If you require further information or advice from our team of specialist lawyers, please contact a member of our Client Relations Team by: