Best Private Client Lawyers in Hanover

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horak Rechtsanwälte
Hanover, Germany

English
horak Rechtsanwälte is a distinguished German law firm offering comprehensive legal services across multiple disciplines, including bankruptcy law, employment law, estate planning, family law, general practice, patent law, and tax law. With its headquarters in Hannover and additional offices in...
Hanover, Germany

Founded in 1990
English
Herfurth & Partner is an independent law firm based in Hanover, Germany, specializing in national and international business law. Established in 1990, the firm offers comprehensive legal services to family-owned enterprises and multinational corporations. Their areas of expertise encompass...
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About Private Client Law in Hanover, Germany

Private Client law in Hanover, Germany encompasses a range of legal services tailored to individuals and families. It primarily deals with managing personal assets, estate planning, inheritance, tax optimization, succession, wealth preservation, family law, foundations, and trusts. These legal matters are often complex, especially in the context of German federal and Lower Saxony state laws. Not only does Private Client law safeguard assets, it also ensures that personal affairs are managed according to your wishes during your lifetime and after.

Why You May Need a Lawyer

Private Client services cover sensitive and high-stakes areas of life, such as inheritance, property, family disputes, and asset management. Here are some common situations in Hanover where professional legal guidance is invaluable:

  • Drafting or updating a will or testament
  • Inheriting property or money and navigating inheritance taxes
  • Establishing family trusts or charitable foundations
  • Handling estate administration for a deceased family member
  • Resolving family disputes over asset division
  • Optimizing tax liability related to personal assets
  • Protecting vulnerable family members through legal guardianships (Vormundschaft)
  • Making cross-border estate arrangements
  • Settling divorce and marital property concerns
  • Managing business succession planning for family-owned enterprises

Given the detailed legal requirements in Germany, seeking advice from an experienced Private Client lawyer helps ensure your personal and financial interests are well protected.

Local Laws Overview

Hanover is subject to both German federal law and the regulations of the state of Lower Saxony. Here are key aspects of Private Client law relevant to residents in Hanover:

  • Inheritance Law (Erbrecht): German inheritance law sets strict rules on statutory shares (Pflichtteil) for certain family members. Even if a will exists, close relatives are legally entitled to a share of the estate.
  • Gift and Inheritance Tax (Erbschaftsteuer und Schenkungsteuer): Both gifts and inheritances are taxable above certain thresholds. Rates vary depending on the relationship and value of the assets.
  • Succession Planning: German law allows for wills (Testament), joint wills (Ehegattentestament), and inheritance contracts (Erbvertrag) to organize succession but requires compliance with formal legal requirements.
  • Trusts and Foundations: While Anglo-American style trusts do not exist in German law, there are legal structures such as foundations (Stiftungen) that can serve similar purposes.
  • Guardianship and Power of Attorney: Legal provisions allow individuals to appoint representatives for health care and financial decisions in the event of incapacity (Vorsorgevollmacht and Betreuungsverfügung).
  • International Aspects: EU regulations may affect cross-border succession, particularly for foreigners residing in Hanover or Germans with overseas property.

Local procedural rules in Hanover’s courts and authorities can also impact how Private Client matters are handled.

Frequently Asked Questions

What is the statutory share (Pflichtteil) in German inheritance law?

The statutory share guarantees certain close relatives (such as children, spouses, and sometimes parents) a percentage of the estate, even if they are omitted from the will. This portion cannot be entirely disinherited except in rare circumstances.

Do I have to pay inheritance tax in Hanover?

Yes, inheritances above specific thresholds are subject to inheritance tax. The rates and exemptions depend on the heir’s relationship to the deceased and the value of the estate.

Can I write my own will, or do I need a notary?

You can handwrite your own will, which is legally valid in Germany if it meets formal requirements. However, for more complex arrangements or larger estates, using a notary is recommended to avoid errors or challenges.

How are estates handled if there is no will?

If there is no will, German intestacy law determines who inherits, using a fixed order of succession among relatives. The surviving spouse, children, and sometimes parents are typically prioritized.

What should I do if I inherit international assets?

Consult a lawyer familiar with cross-border succession. Different jurisdictions may have their own rules, and EU regulations can affect which country’s law applies.

How can I protect a vulnerable family member through legal means?

Legal guardianships, living wills, and powers of attorney can be established to protect minors or adults who are unable to manage their own affairs due to incapacity or disability.

How do I establish a charitable foundation in Hanover?

Setting up a foundation involves creating a charter and registering with German authorities. The process requires legal expertise to ensure compliance with both tax and civil law provisions.

What are the key considerations for business succession in a family-owned company?

Business succession planning involves legal, tax, and sometimes emotional factors. Key issues include transferring ownership, tax implications, potential inheritance disputes, and continuation of the business’s operations.

When do I need a notary for Private Client matters?

Matters like notarizing wills, inheritance contracts, property transfers, and the establishment of foundations typically require involvement of a notary. A lawyer can advise you when this is necessary.

Are same-sex couples granted the same inheritance rights as married couples?

Yes. Since the legal recognition of same-sex marriage in Germany, same-sex spouses have equal rights in inheritance, tax, and succession matters as opposite-sex couples.

Additional Resources

Several organizations and public offices in Hanover and Germany provide support and information for Private Client matters. Helpful resources include:

  • The Hanover Chamber of Notaries (Notarkammer Hannover) for notarization services
  • The Hanover Bar Association (Rechtsanwaltskammer Celle) for local lawyer referrals
  • The Lower Saxony State Tax Office (Niedersächsisches Landesamt für Steuern) for tax-related inquiries
  • Hanover Local Courts (Amtsgerichte Hannover) for probate and succession matters
  • German Federal Ministry of Justice for national legal guidance

Next Steps

If you believe you require legal advice or representation in a Private Client matter in Hanover, it is important to:

  • Assess your situation and collect all relevant documents such as existing wills, property deeds, and family records
  • Identify your main concerns, whether they relate to inheritance, tax, family, property, or business matters
  • Contact a specialized Private Client lawyer or notary in Hanover for an initial consultation
  • Be prepared to discuss your objectives and ask about potential costs and procedures
  • Follow up on professional recommendations and keep records of your legal steps for reference

Taking early and informed action with professional guidance can help you achieve the best outcomes for your personal and family affairs in accordance with local and national law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.