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Estate planning in Hanover, Germany, refers to the legal arrangements individuals make concerning their assets, property, and affairs in the event of incapacity or death. This process typically includes drafting wills, establishing trusts, appointing executors, and preparing powers of attorney. German estate law (Erbrecht) is primarily regulated by the Bürgerliches Gesetzbuch (BGB – German Civil Code) and applies across Germany with some regional customs and procedural differences in implementation. Hanover, as the capital of Lower Saxony, follows national law but local rules may influence administration processes. Estate planning ensures your wishes are respected and helps to prevent conflicts among heirs or beneficiaries.
Consulting a lawyer for estate planning in Hanover can be beneficial in many situations, including:
Estate planning in Hanover is governed by German federal law, but local courts administer probate proceedings and oversee estate distributions. Some important aspects relevant to estate planning in Hanover include:
The Pflichtteil is a mandatory share of the estate reserved for close relatives (such as children, spouse, or sometimes parents) in Germany. Even if you try to disinherit them, they are still legally entitled to a portion of your estate, usually half of what they would have received under intestacy laws.
Yes, handwritten (holographic) wills are valid in Germany if they are entirely handwritten, dated, and signed by the testator. However, mistakes in wording can lead to disputes or invalidation, so consulting a lawyer is advisable.
Notarization is not mandatory for wills in Germany, but a notarial will may simplify probate proceedings and reduce the need for an inheritance certificate. Notarial wills are often preferred for complex estates.
Inheritance tax is based on the relationship between the deceased and the heir and on the value of what is inherited. Children and spouses benefit from higher tax-free allowances, while distant relatives and unrelated heirs have lower allowances and higher tax rates.
You can attempt to exclude a child, but German law guarantees children a Pflichtteil (mandatory share) unless there are extreme reasons, such as severe crimes against the testator. Total exclusion is rarely possible.
International situations can be complicated. EU Regulation (EU Succession Regulation) usually applies, and the law of the deceased's habitual residence governs most inheritance matters, but exceptions exist. Professional legal advice is highly recommended in such cases.
Your designated executor or the heirs themselves usually handle the estate. For legal certainty, especially with larger or more complex estates, appointing a trusted executor (Testamentsvollstrecker) in your will is recommended.
You can create a Vorsorgevollmacht (power of attorney) and a Patientenverfügung (living will) to appoint someone to act on your behalf and specify your healthcare wishes if you become unable to make decisions.
If you die intestate (without a will), your assets are distributed according to German intestacy rules, which prioritize spouses, children, and other close relatives. Your assets may not be distributed as you intended.
Yes, registered life partners (eingetragene Lebenspartnerschaften) have similar inheritance rights and tax allowances as spouses under German law.
Individuals seeking further information or assistance in Hanover may find the following resources helpful:
If you require legal assistance with estate planning in Hanover, consider the following actions:
Professional advice ensures your estate is managed according to your wishes and in compliance with German law, providing peace of mind for you and your loved ones.
