Best Private Client Lawyers in Germany

About Private Client Law in Germany

Private Client law in Germany encompasses legal services and advice for individuals, families, and business owners who seek to manage and protect their personal wealth. This field covers succession planning, inheritance, estate administration, asset protection, family matters, and tax structuring. The goal is to ensure that personal and family interests are preserved according to the client’s wishes while meeting legal obligations and optimizing financial benefits. German Private Client law is shaped by the country's civil law tradition, the German Civil Code (BGB), and relevant tax codes. Professional advice is often crucial to navigate complex legal frameworks, especially for international clients or those dealing with cross-border assets.

Why You May Need a Lawyer

People typically seek a Private Client lawyer in Germany for several reasons. Common situations include drafting or updating wills, resolving inheritance disputes, administering estates after a family member passes away, or managing complex family businesses. A lawyer can also help with asset protection, powers of attorney, marital contracts, and tax planning. If you are an expatriate, have property in multiple countries, or foresee potential family disagreements, professional legal advice helps you avoid conflicts and ensures your intentions are carried out effectively and in compliance with local laws.

Local Laws Overview

German Private Client law is governed mainly by the Civil Code (BGB), the Inheritance and Gift Tax Act, and various related statutes. Notable aspects include:

• Forced Heirship Rules: German law guarantees certain family members a compulsory share of the estate, limiting full testamentary freedom.
• Intestacy Laws: If someone dies without a will, strict inheritance rules determine how assets are distributed among relatives.
• Inheritance and Gift Tax: Heirs and recipients of gifts are subject to progressive taxation depending on relationship and asset value.
• Cross-Border Considerations: For individuals with assets or family abroad, EU Regulations (like Brussels IV) and bilateral treaties may affect inheritance and tax outcomes.
• Estate Administration: Executors and heirs have defined roles and responsibilities, and estate settlements must be handled according to statutory procedures.

Frequently Asked Questions

What is the compulsory portion (Pflichtteil) in German inheritance law?

The compulsory portion, or Pflichtteil, ensures that direct descendants, spouses, and sometimes parents receive a statutory share of the estate, even if they are excluded from the will. The amount is typically half of what they would have received under intestate succession.

Can I freely dispose of my assets in a will?

While you have significant freedom to distribute assets by will, you must honor the compulsory portion for eligible heirs under German law.

Do I need a notary for my will to be valid?

A handwritten will signed and dated by the testator is valid, but a notarial will provides added legal certainty and is harder to contest.

What taxes apply to inheritance in Germany?

Heirs are subject to inheritance tax, with rates and exemptions depending on the relationship to the deceased and the inherited value. Spouses and children benefit from higher tax-free allowances.

How is an estate administered after death?

Heirs must declare the death and the inheritance to the tax office. If there are multiple heirs, they form a community of heirs and must decide jointly on estate matters unless an executor is appointed.

How does inheritance law apply if I have assets in multiple countries?

Cross-border inheritance may be subject to both German and foreign laws. The applicable law is often determined by the deceased's habitual residence, but making a choice of law in a will is possible. Legal advice is strongly recommended in these cases.

What happens if there is no will?

The estate is distributed according to German intestacy rules, which prioritize spouses, children, and then other relatives in a specific order.

Can I challenge a will or inheritance?

Certain parties, such as those entitled to the compulsory portion, may challenge a will. Grounds include undue influence, incapacity, or failure to meet formal requirements.

What is the role of an executor (Testamentsvollstrecker)?

An executor is responsible for carrying out the terms of the will, managing the estate, settling debts, and distributing assets. Executors must comply with legal and tax obligations.

Do expats need to consider special rules for their German estate?

Yes. International clients or residents with foreign assets must consider both German and international inheritance rules, as well as tax implications in other jurisdictions.

Additional Resources

Individuals seeking further information or guidance in Private Client matters in Germany may consider the following resources:

• Bundesnotarkammer (Federal Chamber of Notaries): Provides information and referrals to qualified notaries for estate and will matters.
• German Bar Association (Deutscher Anwaltverein): Offers lawyer directories and information on legal rights for individuals and families.
• Local Inheritance Tax Offices (Erbschaftsteuerstellen): Responsible for inheritance tax filings and assessments.
• Consumer Protection Agencies and Family Services: These organizations may offer advice or mediation in family disputes and succession issues.

Next Steps

If you require legal advice or assistance with Private Client matters in Germany, consider the following steps:

• Identify your needs, such as preparing a will, handling an inheritance, or addressing a family business succession.
• Gather relevant documentation, including personal identification, property records, and any existing testamentary documents.
• Seek a qualified Private Client lawyer or notary with experience in German civil and tax law, especially if your situation involves cross-border elements.
• Arrange an initial consultation to discuss your objectives and receive tailored advice.
• From there, you can collaborate with your lawyer or adviser to prepare documents, apply to the relevant authorities, and implement your succession, estate, or personal planning efficiently.

The right legal guidance helps protect your interests, ensures compliance with local laws, and gives you peace of mind that your family’s wishes will be respected both now and in the future.