Best Private Client Lawyers in Lübeck

About Private Client Law in Lübeck, Germany

Private Client law in Lübeck, Germany, covers a broad area of legal services aimed at individuals and families seeking to manage, protect, and transfer their personal wealth and assets. This field primarily involves estate planning, inheritance law, wills, trusts, tax issues, asset protection, and occasionally family law matters like marriage and divorce settlements. Lawyers practicing in this area help clients navigate the often complex legal and administrative procedures that accompany personal wealth and family matters. Lübeck, as part of Schleswig-Holstein and Germany as a whole, adheres to the German Civil Code (Bürgerliches Gesetzbuch), but local practices and nuances, such as arrangements for property located in Lübeck or city-specific administrative requirements, may apply.

Why You May Need a Lawyer

There are several situations where consulting a Private Client lawyer in Lübeck can be highly beneficial. These include:

• Drafting or updating a will to ensure it is legally valid and reflects your current wishes
• Probate and inheritance proceedings, especially where multiple beneficiaries or cross-border elements are involved
• Minimizing tax liabilities when passing on assets to heirs or during estate administration
• Setting up trusts or other asset protection structures for minors, dependents, or charitable purposes
• Handling powers of attorney and guardianship arrangements for situations involving incapacity
• Resolving disputes among heirs or between family members regarding estates or inheritances
• Dealing with real estate as part of estate planning or administration, especially in the Lübeck area
• Managing international aspects when assets or heirs are located abroad
• Ensuring compliance with both federal German and local Lübeck regulations in estate administration

Local Laws Overview

Private Client law in Lübeck is largely governed by national German statutes, especially the Bürgerliches Gesetzbuch (Civil Code) and the Erbschaftsteuer- und Schenkungsteuergesetz (Inheritance and Gift Tax Act). However, local courts in Lübeck administer these laws, and the process may be influenced by regional administrative practices. Key aspects to consider include:

• Inheritance law (Erbrecht): Germany follows a strict set of rules regarding statutory shares for spouses and children, limiting how much you can freely dispose of in your will.
• Taxation: Transfers of assets via inheritance or as gifts can incur inheritance or gift tax, based on the relationship between parties and the value of assets.
• Probate process: Wills often need to be submitted to the Nachlassgericht (probate court) in Lübeck, which oversees estate administration.
• Real estate: Transfers may require formal notarization and registration with local Land Registry offices.
• Cross-border estates: European Succession Regulations can apply if international aspects are involved, especially for non-Germans or with assets outside Germany.

Frequently Asked Questions

What does a Private Client lawyer do?

A Private Client lawyer advises on estate planning, inheritance, wills, asset protection, and related tax matters. They also help with the administration of estates and resolving disputes among heirs.

Is a handwritten will valid in Lübeck, Germany?

Handwritten wills, called "eigenhändige Testamente," are valid if entirely written and signed by the testator. However, formal requirements must be met, and it is advisable to consult a lawyer to ensure validity.

Do I pay inheritance tax in Lübeck?

Inheritance tax applies in Germany, including Lübeck. The amount depends on your relationship to the deceased and the value of the inheritance, with certain exemptions and thresholds available.

What happens if there is no will?

If a person dies intestate (without a will), German statutory succession laws determine how the estate is divided among family members. This process is handled locally by the Lübeck probate court.

Can I disinherit a family member?

Complete disinheritance is difficult under German law, as close relatives (like spouses and children) are entitled to a compulsory share ("Pflichtteil"). Excluding them entirely is only possible under exceptional circumstances.

How is the probate process initiated in Lübeck?

The probate process usually starts by filing with the Nachlassgericht in Lübeck. The court may require submission of the will, death certificate, and other documents before appointing an executor or releasing assets.

How do I handle assets located outside Germany?

International assets can complicate estate planning and probate. Lawyers can assist in complying with both German law and the laws of other countries, taking into account the EU Succession Regulation where applicable.

Can I write my own will or should I use a notary?

Although handwritten wills are valid, using a notary can offer greater certainty and reduce the risk of disputes. Notarized wills are kept on official record and generally carry more legal weight.

How can I set up a trust in Germany?

Traditional Anglo-American trusts do not exist in German law, but similar effects can be achieved through foundations ("Stiftungen") or specific testamentary arrangements. Legal advice is recommended for structuring such solutions.

What if I disagree with the inheritance distribution?

If you feel your statutory share or rights have not been respected, you can challenge the will or the distribution through the local courts. A lawyer can guide you through the dispute resolution process.

Additional Resources

If you are seeking further information or assistance in Private Client matters in Lübeck, the following resources may be useful:

• Nachlassgericht Lübeck (Lübeck Probate Court): Handles local probate and inheritance cases
• Schleswig-Holsteinisches Oberlandesgericht (Court of Appeal): Regional court for appeals and higher-level disputes
• German Bar Association (Deutscher Anwaltverein): For finding qualified private client lawyers
• Chamber of Notaries (Notarkammer Schleswig-Holstein): Lists notaries for wills and estate planning
• Local tax offices (Finanzämter): For questions about inheritance and gift taxation
• Local legal advice centres (Rechtsberatungsstellen): Some may offer initial low-cost or free advice

Next Steps

If you believe you need legal assistance in Private Client matters in Lübeck, start by gathering all relevant documents, such as existing wills, asset lists, and family records. Consider your main objectives, whether it is drafting a will, handling an inheritance, or resolving a dispute. Contact a lawyer or notary specializing in Private Client law and arrange an initial consultation to discuss your specific case. If your matter involves tax or international issues, make sure your advisor has appropriate expertise. Do not hesitate to ask about the process, timeline, and expected costs to ensure that you are fully informed before proceeding.