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Estate Planning in Germany involves the process of arranging for the management and disposal of a person's estate during their life and at death. This includes decisions about the transfer of assets, care for surviving dependents, and minimizing taxes. Estate planning ensures that personal and financial affairs are in order in the event of incapacitation or death, in accordance with German law, which is heavily influenced by the German Civil Code (Bürgerliches Gesetzbuch, BGB).
Many individuals seek legal guidance in Estate Planning for several reasons:
Estate planning in Germany is governed by specific provisions under the German Civil Code and other relevant statutes:
The "Pflichtteil" is a statutory entitlement ensuring certain heirs (e.g., children, spouse) receive a portion of the estate, irrespective of the will. This can affect how assets are distributed beyond the deceased’s testamentary wishes.
Utilizing allowances, gifting assets in advance, and establishing trusts are typical strategies to reduce the inheritance tax burden, depending on family and financial situations.
If you die intestate (without a will), German intestate succession laws determine the distribution of your estate, generally favoring close relatives in a specific order.
Yes, foreigners can prepare a will in Germany but should consider applicable international considerations and conflicts of law provisions.
A notarial will is prepared and authenticated by a notary, ensuring its compliance with legal requirements, reducing the likelihood of disputes.
Appointing an executor (Testamentsvollstrecker) is not mandatory but can be beneficial for ensuring that the will's terms are executed in an organized and prompt manner.
Yes, a will can be altered or revoked at any time, provided the individual has the capacity to do so, ensuring it reflects current wishes.
Your estate plan should be reviewed regularly, especially after major life events like marriage, divorce, births, or changes in financial status.
A trustee manages the property and assets held in trust for the beneficiaries, according to the terms set out in the trust document.
Expatriates often need to consider bilateral treaties and EU regulations on succession and estate planning to ensure their plans are legally compatible in Germany and their home country.
For further information, consider the following resources:
If you require legal assistance in Estate Planning, consider the following steps:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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