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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.
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.
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:
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.
While you have significant freedom to distribute assets by will, you must honor the compulsory portion for eligible heirs under German law.
A handwritten will signed and dated by the testator is valid, but a notarial will provides added legal certainty and is harder to contest.
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.
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.
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.
The estate is distributed according to German intestacy rules, which prioritize spouses, children, and then other relatives in a specific order.
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.
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.
Yes. International clients or residents with foreign assets must consider both German and international inheritance rules, as well as tax implications in other jurisdictions.
Individuals seeking further information or guidance in Private Client matters in Germany may consider the following resources:
If you require legal advice or assistance with Private Client matters in Germany, consider the following steps:
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.
