Best Private Client Lawyers in Giessen

About Private Client Law in Giessen, Germany

Private Client law in Giessen, Germany covers a wide range of personal legal matters that relate to individuals and families. This area of law typically includes inheritance law, estate planning, wills and succession, tax planning for individuals, trusts, gifts, asset protection, and occasionally matters concerning family businesses. Giessen, located in the federal state of Hesse, is governed by both federal German law and state-specific regulations that may affect the administration of estates and personal wealth management. Private Client services aim to protect clients’ assets, ensure their wishes are followed, and comply with relevant laws in all personal and family matters.

Why You May Need a Lawyer

Many individuals and families in Giessen seek the advice of a Private Client lawyer for a variety of important life events and legal needs. Some common scenarios include:

• Drafting or updating a will to control how assets are distributed upon death
• Managing issues of inheritance and succession among family members
• Seeking advice on minimizing inheritance and gift tax liabilities
• Protecting assets from potential creditors or disputes
• Receiving help with the administration of estates, including probate matters
• Advising on family business succession planning
• Setting up trusts or foundations for wealth management or philanthropy
• Handling disputes between heirs or beneficiaries
• Advising expatriates or foreigners with assets in Germany on cross-border issues
• Planning for incapacity, guardianship, or power of attorney arrangements

Local Laws Overview

Private Client work in Giessen is primarily governed by national German law, with important influences from the German Civil Code (BGB) and the German Inheritance and Gift Tax Act (ErbStG). Inheritance rules in Germany differ from those in many other countries, with forced heirship provisions that automatically allocate shares of an estate to spouses and children, regardless of the terms of a will. The probate process, known as Nachlassverfahren, can require specific documentation and court confirmation (Erbschein) to manage or transfer assets. In addition, there are strict formal requirements for wills, which must usually be handwritten, dated, and signed. Taxation of inherited assets can be significant, depending on the relationship between the deceased and the beneficiaries, as well as the value and type of assets held. Local standards in Hesse and the Giessen region may affect certain processes, such as real property transfers or municipal fees related to estate matters. Working with a local lawyer ensures that all regional requirements are met, and the legal process proceeds smoothly.

Frequently Asked Questions

What happens if someone dies without a will in Giessen?

If a person dies intestate (without a will) in Giessen, their estate is distributed according to the rules of intestate succession under the German Civil Code. Spouses, children, and sometimes parents or siblings will inherit according to fixed shares defined by law.

Are there compulsory shares for family members under German inheritance law?

Yes, under German law, close relatives such as spouses, children, and sometimes parents cannot be completely disinherited. They are entitled to a compulsory share, which is usually half of their legal entitlement under intestate succession.

Do I need a notarized will in Giessen, Germany?

A will does not have to be notarized if it is fully handwritten, dated, and signed by the testator. However, a notarial will can make the probate process easier and may help avoid disputes among heirs.

How can I reduce inheritance tax for my heirs?

There are legal options like gifting assets during your lifetime, using tax-free allowances, and strategic estate planning. It is best to consult with a Private Client lawyer or tax advisor to create a personalized plan.

Can foreigners inherit property in Giessen?

Yes, foreigners can inherit property in Giessen. However, cross-border inheritance can involve complex legal and tax issues, both in Germany and in the heir’s home country, so professional advice is essential.

How long does the probate process take in Giessen?

The probate process can take anywhere from a few months to over a year, depending on the size and complexity of the estate, the number of beneficiaries, and whether there are any disputes or complications.

What is an Erbschein and do I need one?

An Erbschein is an official certificate issued by the probate court confirming who the legal heirs are. It is often required to access bank accounts, sell property, or deal with administrative matters related to the estate.

Can I set up a trust in Germany?

Traditional Anglo-Saxon trusts do not exist in German law, but similar effects can sometimes be achieved through foundations (Stiftungen) or other legal arrangements. Consult a lawyer for advice specific to your needs.

What happens to my German property if I move abroad?

Moving abroad does not automatically change ownership of your property in Germany. However, it may have tax and inheritance implications, both in Germany and your new country of residence, which should be reviewed carefully.

What should I do if I am named executor in a will?

If you are named as executor (Testamentsvollstrecker), you have legal duties to manage the estate, pay debts, and distribute assets according to the will. You should seek legal advice to understand your responsibilities and avoid personal liability.

Additional Resources

If you are looking for further guidance or legal help related to Private Client matters in Giessen, the following resources may be useful:

• Local law firms specializing in inheritance, succession, and tax planning
• The Giessen district court (Amtsgericht Giessen) probate department for legal applications relating to inheritance
• Chamber of Notaries (Notarkammer) in Hesse for notarial services, including will certifications and estate matters
• German Bar Association (Deutscher Anwaltverein - DAV) for referrals to qualified lawyers
• The Hesse Tax Office (Finanzamt) for advice on inheritance and gift taxation
• Mediation services for inheritance or family disputes

Next Steps

If you believe you need legal assistance for private client matters in Giessen, it is advisable to:

• Identify your specific needs, such as drafting a will, estate administration, or tax planning
• Gather important documents, such as property deeds, previous wills, family records, and asset lists
• Schedule a consultation with a qualified lawyer or notary experienced in German estate law
• Prepare a list of questions to ask during your consultation, including potential costs, steps, and timelines
• Consider involving a tax advisor if your case involves complex assets or international issues
• Keep your family or relevant parties informed to ensure transparency and avoid misunderstandings