Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Inheritance law in Germany is primarily governed by the Bürgerliches Gesetzbuch (BGB). In Hannover and the state of Lower Saxony, probate matters, testament validity, and the distribution of assets follow these national rules. A typical process includes assessing the estate, paying debts, and transferring property to rightful heirs. Heirs and executors often engage a lawyer or solicitor to navigate complex rules and deadlines.
Notaries play a key role in drafting and authenticating wills and inheritance contracts, while Nachlassgerichte (probate courts) oversee the issuance of Erbscheine and the settlement of estates. Understanding both the civil law framework and local court procedures helps reduce disputes and delays in Hannover. This guide provides practical, Hanover-specific context for people seeking legal help in Erbrecht matters.
The following real-world scenarios illustrate why residents of Hannover often hire inheritance lawyers. Each example shows concrete steps you might take with legal counsel.
The following laws and regulatory frameworks are central to Erbrecht in Hannover. They provide the backbone for how wills are created, how estates are taxed, and how probate is handled locally.
The BGB regulates succession rights, testamentary validity, and the rights of heirs, including the Pflichtteil. Key provisions cover how the estate is distributed when there is no will and how the Pflichtteil protects certain heirs. See specifically the sections on general succession and the Pflichtteil rules.
“Pflichtteil ist der gesetzlich anerkannte Anspruch bestimmter Erben auf einen Anteil des Nachlasses, selbst wenn dieser durch Testament benachteiligt wurde.”
Source: Gesetze-im-Internet, BGB § 1922 and BGB § 2303 et seq. For the exact wording and current text, refer to the official site where the statutes are maintained.
ErbStG governs how inheritance and gift taxes are assessed and collected. Tax liability depends on the relationship to the deceased and the value of the inherited assets. The tax regime is administered on a federal basis, with jurisdictional guidance available in Niedersachsen.
Practical note: planning for inheritance tax is important in Hannover, especially when estates include real estate or business interests. Consult a lawyer to understand exemptions, reliefs, and reporting requirements.
Notarial involvement is common for valid wills and Erbverträge. The Beurkundungsgesetz governs the formal requirements for notaries to certify documents. Inheritance matters often require notarized wills or notarized agreements to avoid later disputes.
In Hannover, a notary can ensure the will is valid, arrange for proper execution, and help with formalities needed to obtain Erbschein and transfer assets.
Local practice in Hannover also involves Nachlassgerichte as the competent courts for probate matters, including Erbschein applications and disputes among heirs. If you need to start a formal probate or contest a will, a local attorney can guide you through the required steps and deadlines.
An Erbschein proves who is the rightful heir and their share. You typically need it to register real estate or to access bank accounts belonging to the estate. The Nachlassgericht in Hannover issues Erbscheine after reviewing the succession.
A lawyer helps you file a challenge, gather evidence, and present your case to the appropriate court. Contests can involve invalidity claims, lack of testamentary capacity, or improper execution.
The Pflichtteil guarantees a minimum portion of the estate to certain heirs despite the provisions of the will. Inheritance law sets who qualifies and how the share is calculated, typically with allowances for relationships and life circumstances.
Look for a Rechtsanwalt or Fachanwalt for Erbrecht with local experience in Hannover. The Rechtsanwaltskammer Niedersachsen maintains directories and ethical guidelines for lawyers in the region.
Notaries provide formal validation and public authentication of wills and Erbverträge. This reduces the risk of later challenges and ensures the document complies with legal requirements.
Times vary with case complexity. A straightforward Erbschein may take weeks, while contested estates can take months to years depending on facts and court schedules.
No mandatory requirement, but a lawyer or notary can speed up the process, ensure all documents are correct, and represent you before the court.
Yes, you may renounce an inheritance to avoid debts or obligations. Renunciation must be declared within specified deadlines at the Nachlassgericht or with a lawyer, and it affects all potential beneficiaries.
Fees depend on complexity, the value of the estate, and service scale. German fee scales apply, and a lawyer can provide a clear engagement letter outlining costs upfront.
Yes. An Erbschaft is a transfer by will or statutory order, while an Erbvertrag is a contract among potential heirs or beneficiaries that can restrict or specify future inheritance rights.
Tax calculation uses the ErbStG together with the heir's relationship to the deceased and the value of assets. Exemptions and reliefs depend on family relationships and asset types.
Document ownership, seek a partition agreement, and obtain professional guidance to avoid unnecessary conflicts or asset devaluation.
Use these official sources for authoritative information and referrals related to Inheritance Law in Germany and Niedersachsen.
