Best Private Client Lawyers in Würzburg

About Private Client Law in Würzburg, Germany

Private Client law in Würzburg, Germany, covers a broad spectrum of legal services tailored to individuals and families. This area of law typically includes matters relating to estate planning, inheritance, wealth management, tax advice, family law, wills, trusts, and asset protection. Würzburg, as part of Bavaria in Germany, is subject to both federal German and Bavarian state laws. Local legal practitioners guide clients through German civil law to ensure their personal interests and assets are protected, and succession is handled according to their wishes.

Why You May Need a Lawyer

There are many situations where individuals or families in Würzburg may need legal advice in the Private Client area. Some common scenarios include:

• Writing or updating a last will and testament
• Planning inheritance and succession to minimize disputes or tax implications
• Setting up or administering a trust or family foundation
• Dealing with cross-border estates involving assets in multiple countries
• Managing complex tax matters relating to personal wealth
• Dividing marital assets or addressing issues in family law
• Protecting vulnerable family members through guardianship arrangements
• Probate and administration of estates after a family member passes away
• Managing charitable donations and philanthropy
• Resolving inheritance disputes among heirs or beneficiaries

Local Laws Overview

Würzburg, as part of Bavaria, applies the German Civil Code (Bürgerliches Gesetzbuch or BGB) and the Inheritance and Gift Tax Act (Erbschaftsteuer- und Schenkungsteuergesetz). Key local legal aspects include:

• Intestacy laws: If a person dies without a will, German succession law determines heirs automatically, following a strict order of relatives.
• Mandatory share (Pflichtteil): Close family members such as children, spouse, and parents are entitled to a compulsory portion of the estate, even if excluded by a will.
• Inheritance tax: Both the value of inherited assets and the relationship to the deceased affect taxation. Tax rates and exemptions vary depending on the heir's class.
• Certification and probate: Notaries play a significant role in certifying wills, succession certificates, and organizing the probate process.
• Cross-border issues: Germany is a member of the EU Succession Regulation, which may affect individuals who own assets in multiple countries or are of foreign nationality.
• Testamentary freedom: While you can generally distribute your estate by will, it is restricted by the mandatory share rules.
• Family law: Marital property regimes and divorce settlements may impact estate planning and asset distribution.

Frequently Asked Questions

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

The mandatory share guarantees that certain close relatives, such as children, spouse, or parents, receive a portion of the estate even if they are not named in the will. They can claim their share in cash from the other heirs.

Do I need a notary to make a will in Würzburg?

While a handwritten will is legally valid in Germany, using a notary ensures legal certainty and simplifies probate. Notarized wills are especially recommended for complex estates.

How is inheritance tax calculated?

Inheritance tax depends on the value of the inherited assets and your relationship to the deceased. There are tax-free allowances, and rates increase with asset value and distant family relationships.

What happens if I die without a will?

If you die intestate, your estate will be distributed among your relatives according to a fixed order set by German succession law. Children and spouse receive predetermined shares.

Can I exclude a family member from my will?

You can exclude anyone from your will, but close relatives like your spouse and children are still entitled to claim their mandatory share under German law.

What is the process of probate in Würzburg?

Probate involves registering the death, obtaining a certificate of inheritance from the probate court, and transferring assets to the beneficiaries. Notaries are often involved in certifying documents.

How can I plan for cross-border estates?

If you have assets or connections in other countries, it is important to seek specialist legal advice. German law may interact with other legal systems, and the EU Succession Regulation may apply.

Is it possible to set up a trust in Germany?

Traditional trusts as known in common law countries do not exist in Germany, but similar arrangements, such as family foundations (Familienstiftung), can be used for estate planning and asset protection.

What are the main steps in writing a will?

Determine your wishes, list your assets, designate heirs and guardians for minors, clarify specific bequests, and choose a form. Consulting a notary is recommended for legal accuracy.

When should I update my estate plan?

Significant life events like marriage, divorce, birth or adoption of children, acquiring new assets, or changes in family structure should prompt a review and possible update of your will or estate plan.

Additional Resources

If you need information or support regarding Private Client law in Würzburg, consider referring to:

• Würzburg District Court Probate Department (Nachlassgericht)
• Bavarian Chamber of Notaries (Bayerische Notarkammer)
• German Bar Association (Deutscher Anwaltverein - DAV)
• German Federal Chamber of Tax Advisers (Bundessteuerberaterkammer)
• Consumer advice centers (Verbraucherzentrale Bayern)
• Local family offices and estate planning professionals

Next Steps

If you believe you need legal assistance with Private Client matters in Würzburg, follow these steps:

• Make a list of your main questions and gather relevant documents, such as property deeds, existing wills, or financial statements.
• Seek a qualified private client solicitor or notary in Würzburg with experience in the areas you need help with.
• Arrange a consultation to discuss your circumstances and receive personalized advice about your options and likely costs.
• Consider ongoing legal support if your financial or family situation is complex or likely to change in the future.

Taking these steps will help protect your interests, provide peace of mind, and ensure your wishes are respected under the law.