Best Estate Planning Lawyers in Göttingen

About Estate Planning Law in Göttingen, Germany

Estate planning in Göttingen, Germany involves arranging the management and disposal of a person's assets during their lifetime and after their death. The goal is to ensure that property and finances are transferred according to the individual's wishes while minimizing taxes, legal fees, and family disputes. Estate planning covers wills, inheritance laws, trusts, gifts, power of attorney, and living wills. Understanding the local legal landscape is crucial as Germany has specific laws and regulations governing inheritance and estate management.

Why You May Need a Lawyer

There are many situations where consulting a lawyer experienced in estate planning is beneficial. These include drafting a legally sound will, setting up trusts, navigating complex family or property situations, and minimizing inheritance taxes. Lawyers offer guidance through disputes among heirs, help manage estates with overseas assets, and ensure compliance with regional and national inheritance laws. Legal experts can make sure your wishes are accurately reflected and enforceable, reducing the risk of challenges or misunderstandings after your death.

Local Laws Overview

Estate planning in Göttingen is governed by German federal laws, particularly the Bürgerliches Gesetzbuch (German Civil Code) and the Erbschaftsteuer- und Schenkungsteuergesetz (Inheritance and Gift Tax Act). Key local considerations include:

• Testamentary Freedom and Pflichtteil: While individuals can generally decide how to distribute their estate, German law protects certain close relatives (such as children and spouses) by granting them a mandatory share (Pflichtteil) of the estate even if they are excluded from the will.
• Inheritance Tax: Beneficiaries may be subject to inheritance tax, with rates and exemptions depending on their relationship to the deceased and the size of the inheritance.
• Intestate Succession: If someone dies without a will, their estate is distributed according to statutory succession rules, which prioritize spouses and blood relatives in a defined order.
• International Aspects: Göttingen is home to many international residents. EU regulations (such as the European Succession Regulation) can affect which laws apply if you have assets or heirs abroad.
• Living Wills and Powers of Attorney: These documents allow you to specify your medical and financial wishes if you become unable to make decisions yourself. They must meet specific legal requirements to be valid.

Frequently Asked Questions

What is included in estate planning?

Estate planning typically covers writing a will, creating trusts, choosing executors, granting powers of attorney, setting up living wills, and planning for inheritance taxes.

Who can write a valid will in Göttingen?

Anyone over 16 years old and of sound mind can write a will. It must be handwritten and signed or made before a notary to be valid.

What happens if I die without a will?

If you die without a will, your assets are distributed according to the rules of intestate succession, giving priority to spouses, children, and then more distant relatives.

What is the Pflichtteil, or mandatory share?

The Pflichtteil is a legal right that ensures certain close relatives, like children and spouses, receive at least a portion of the estate, even if excluded from the will.

How much is inheritance tax in Göttingen?

Inheritance tax rates depend on the relationship to the deceased and the size of the inheritance. Spouses and children usually have significant tax-free allowances and benefit from lower rates.

Can stepchildren or unmarried partners inherit automatically?

No, stepchildren and unmarried partners do not automatically inherit under statutory rules unless specifically named in a will.

Can I disinherit someone completely?

You can attempt to disinherit someone by excluding them from your will, but close relatives with Pflichtteil rights can still claim their mandatory share of the estate.

Are foreign wills valid in Germany?

Foreign wills can be accepted in Germany if they meet certain legal requirements, especially under EU succession regulations, but it is advisable to have them reviewed by a German lawyer.

What is a power of attorney and why is it important?

A power of attorney lets another person handle your financial or legal matters if you become unable to do so. This document is crucial for maintaining your affairs if you are incapacitated.

When should I update my estate plan?

You should review and update your estate plan after significant life events, such as marriage, divorce, birth of a child, or significant changes to your financial situation.

Additional Resources

Several organizations and resources can help with estate planning in Göttingen:

• Notary public offices in Göttingen for will certification and official advice
• Local lawyers specializing in Erbrecht (inheritance law)
• Bürgeramt (citizen's office) for information on inheritance law and official forms
• Deutsche Anwaltauskunft for finding a local estate planning lawyer
• Bundesnotarkammer for information on notarial services in Germany
• Deutsches Forum für Erbrecht for general information and public events on inheritance matters

Next Steps

If you need legal assistance with estate planning in Göttingen, start by listing your assets and considering your wishes for their distribution. Gather any existing wills or related documents. Next, make an appointment with a qualified estate planning lawyer or a notary in Göttingen to discuss your specific needs. They can guide you through local legal requirements, draft or update necessary documents, and help you make well-informed decisions for your family's future. Do not hesitate to seek professional advice to ensure your estate is managed according to your wishes and within the framework of German law.