Best Estate Planning Lawyers in Aurich

About Estate Planning Law in Aurich, Germany

Estate planning in Aurich follows German federal law with local procedures handled by courts, notaries and public offices based in the Aurich region. The core rules about inheritance, testamentary freedom, compulsory shares, and succession are set out in the German Civil Code - Bürgerliches Gesetzbuch (BGB). Local practice matters include working with Aurich notaries for notarizations and the Amtsgericht Aurich for probate matters such as issuing an Erbschein - a certificate of inheritance. Estate planning in Germany also covers care and advance directives - for example Vorsorgevollmacht and Patientenverfügung - which let you name someone to handle your affairs if you become unable to do so.

Why You May Need a Lawyer

Many estate planning tasks can be handled without lawyers, but legal advice is strongly recommended in several common situations:

- Complex family situations, such as blended families, second marriages, or children from previous relationships, where intestate succession and Pflichtteil issues can be contested.

- High-value or complicated estates, including significant real estate holdings, business ownership, pensions and investments, or multiple properties across countries.

- International connections - if you or your heirs live outside Germany or hold assets abroad, you may face cross-border succession law issues under EU rules and local laws of other countries.

- Business succession planning - transferring a sole proprietorship, partnership interest or shares in a company requires careful legal and tax planning.

- Disputes among heirs, contested wills, or alleged invalidity of testamentary documents where litigation before the Amtsgericht Aurich may be necessary.

- Tax planning - inheritance tax can be significant and needs coordination with a tax advisor or lawyer experienced in inheritance tax rules.

- Drafting or reviewing Vorsorgevollmacht, Betreuungsverfügung and Patientenverfügung to make sure they meet legal requirements and reflect your wishes.

Local Laws Overview

Key aspects relevant to estate planning in Aurich include:

- German substantive law: Succession law is governed by the BGB. Testation - the right to make a will - is broad, but statutory succession rules apply if there is no valid will.

- Pflichtteil (compulsory share): Certain close relatives - typically children, spouses and parents - have a legally protected minimum share. The Pflichtteil equals half of the inheritance share the person would receive under intestate succession.

- Wills and formality: A handwritten will must be fully handwritten and signed by the testator, and it is strongly recommended to include a date and place. Notarially certified wills provide extra legal certainty and are often used for complex cases or property transfers.

- Nachlassgericht and Erbschein: The local Amtsgericht Aurich handles probate matters. An Erbschein is often used to prove the right to act as heir when banks, land registry or other third parties require proof. For many situations, a probate inventory and Erbschein are important procedural steps.

- Notaries and public registration: Notaries perform certified deeds, including notarized wills and property transactions. Wills can be registered at the central wills register - Zentrales Testamentsregister - maintained by the Bundesnotarkammer, which helps locate testaments after death.

- Inheritance tax: Inheritance and gift tax is governed by the Erbschaftsteuer- und Schenkungsteuergesetz. Exemptions and rates depend on relationship to the deceased and the value of the estate. The local Finanzamt (tax office) in Aurich will handle assessments and collections.

- EU Succession Regulation and cross-border issues: If you have assets in more than one EU country or lived in a different EU country, the EU Succession Regulation may affect which law applies and whether you can choose German law.

- Advance care and representation: Vorsorgevollmacht, Betreuungsverfügung and Patientenverfügung are widely used. If you do not prepare these documents, a court-appointed guardian may be assigned to act for you.

Frequently Asked Questions

What is the difference between a handwritten will and a notarized will?

A handwritten will must be written entirely by hand and signed by the testator. It is valid if formal requirements are met, but can lead to interpretation disputes. A notarized will is prepared or certified by a notary. Notarial wills are more expensive but reduce the risk of invalidity and are automatically registered in the central wills register if the notary files them.

Do I need to make a will if I am married or have children?

Technically you do not need a will - statutory succession rules apply automatically. However, a will is important to control who inherits, to set up specific arrangements for children, and to manage Pflichtteil risks. Married couples often use joint testament forms for mutual protection, but legal advice is recommended.

What is the Pflichtteil and can I disinherit someone completely?

The Pflichtteil is a compulsory minimum share for certain relatives. In general, disinheriting someone entirely is possible by making a will, but the person entitled to a Pflichtteil can still claim that minimum financial compensation, which is usually half of their statutory succession share.

How do I prove I am an heir in Aurich?

You can prove heirship by presenting a will or by obtaining an Erbschein from the Amtsgericht Aurich. An Erbschein is an official document naming the heirs and is frequently required by banks and public registers. In some situations a notarized declaration by all heirs can serve instead of an Erbschein.

What should I do if a relative dies without a will?

If someone dies intestate, statutory succession rules determine the heirs. Heirs should contact the local Amtsgericht Aurich to report the death and find out whether an Erbschein is needed. It is also sensible to consult a lawyer if the estate is complex or there are disputes.

How does inheritance tax work in Germany and who pays it?

Inheritance tax depends on the relationship to the deceased and the net value of what is inherited. Close relatives benefit from higher tax-free allowances. The heir is generally responsible for declaring the inheritance to the local Finanzamt. Professional tax advice can help to use exemptions and structuring to reduce tax liability.

Can I choose that foreign law applies to my estate?

Under the EU Succession Regulation, you may be able to choose the law of your nationality or the law of your habitual residence to govern succession. If you have connections to other countries, legal advice is essential to ensure your choice is valid and effective.

What is a Vorsorgevollmacht and why should I have one?

A Vorsorgevollmacht is a power of attorney for health and financial matters that lets a trusted person act for you if you cannot. Without one, a court may appoint a guardian. A clear, well-drafted Vorsorgevollmacht and a Patientenverfügung reduce uncertainty and help ensure your wishes are followed.

When should I involve a notary in estate planning?

You should involve a notary when you want a notarized will, when transferring real estate and certain rights, or when you want secure, registered documents. A notary explains formal requirements, drafts binding documents, and can register wills in the central register.

How do I find a trustworthy lawyer or notary in Aurich?

Look for a lawyer with experience in inheritance law, ideally a Fachanwalt für Erbrecht, or a notary familiar with local practice. Check qualifications with the regional Rechtsanwaltskammer and the Notarkammer, request references, ask about fees and initial consultation, and consider a combined team involving a tax advisor for complex estates.

Additional Resources

Helpful organizations and offices for estate planning in Aurich include:

- Amtsgericht Aurich - local probate court handling Erbschein and probate matters.

- Local Finanzamt in Aurich - for inheritance tax queries and declarations.

- Rechtsanwaltskammer Oldenburg - for information about licensed lawyers and specialist attorneys.

- Bundesnotarkammer - central notary organization and operator of the central wills register.

- Zentrales Testamentsregister - central testaments register maintained by the notary organizations for locating registered wills.

- Verbraucherzentrale Niedersachsen - consumer advice on legal and financial planning topics.

- Local tax advisors and Steuerberater - for inheritance tax planning and filings.

- Local municipalities and social services in Aurich - for guidance on public benefits, care options and related local procedures.

Next Steps

If you need legal assistance with estate planning in Aurich, consider this practical sequence:

- Gather key documents - wills, marriage and birth certificates, property deeds, account statements, insurance and pension information, and any existing powers of attorney or advance directives.

- Decide your priorities - for example, who you want to inherit, whether you need to secure a family business, or whether tax optimisation is a key concern.

- Contact a qualified professional - start with a Fachanwalt für Erbrecht or an experienced notary in the Aurich area. Ask about an initial consultation, fees and what documents to bring.

- Consider involving a tax advisor for inheritance tax advice, especially for larger estates or cross-border assets.

- Prepare or update Vorsorgevollmacht and Patientenverfügung to appoint trusted representatives and clarify medical preferences.

- Register notarized wills in the central wills register and inform trusted persons about where your estate planning documents are kept.

- Keep records up to date - review your plan after major life events such as marriage, divorce, births, death of an heir, significant changes in assets, or a move abroad.

If you are unsure where to begin, request a short initial meeting with a local lawyer or notary to map out the most urgent steps and get a realistic sense of costs and timelines for your situation.