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About Will & Testament Law in Aurich, Germany

Will and testament law in Aurich falls under German inheritance law - primarily the Bürgerliches Gesetzbuch - and is administered locally by courts and public notaries in Aurich and the state of Lower Saxony. Individuals can create a handwritten will or a notarial will. If someone dies without a valid will the statutory rules of intestate succession determine who inherits. For many actions after a death - such as proving the right to inherit or transferring real estate - you will interact with the Nachlassgericht at the Amtsgericht in Aurich, with local notaries, tax authorities and sometimes an attorney who specializes in inheritance law.

Why You May Need a Lawyer

There are many situations where consulting a lawyer who knows German inheritance law - ideally a Fachanwalt für Erbrecht - can protect your rights and prevent costly mistakes. Common reasons include:

- Drafting complex or multilingual wills that will be enforced across borders.

- Contesting a will - for example where you suspect lack of testamentary capacity or undue influence.

- Calculating and negotiating Pflichtteil - the compulsory share that close relatives may insist on.

- Handling estates with real estate, business interests, or international assets - these often raise special formal and tax issues.

- Obtaining an Erbschein - the certificate of inheritance - and advising on when it is required versus other documents.

- Advising on inheritance tax planning and filing the necessary returns with the Finanzamt.

- Guiding executors and heirs through asset inventory, creditor claims, and distribution disputes.

Local Laws Overview

Key legal aspects relevant in Aurich mirror German national law but are administered locally by courts, notaries and state bodies. Important points to know:

- Types of wills: A handwritten will - an eigenhändiges Testament - must be written entirely in the testator's handwriting and bear a date and signature. A notarial will - öffentliches Testament - is prepared by a notary and conveys greater legal certainty and easier proof.

- Pflichtteil - Close relatives such as children, spouses and, in some cases, parents have a compulsory monetary claim if they are excluded from a will. The Pflichtteil is a claim for a share of the estate value and cannot usually be satisfied by demanding specific property.

- Intestate succession - If there is no valid will the statutory order of heirs under the BGB applies. Spouses and relatives inherit according to fixed rules.

- Nachlassgericht and Erbschein - The local probate matters are handled by the Nachlassgericht at the Amtsgericht Aurich. Heirs often apply for an Erbschein to demonstrate their authority to third parties - though banks and insurers sometimes accept other proof, including a notarial certificate of inheritance.

- Notaries - Notare in Aurich perform many formalities from authenticating wills to handling inheritance agreements and property transfers. Notarial acts carry evidentiary weight and are frequently used when property or complex arrangements are involved.

- Inheritance tax - Germany imposes inheritance tax. Tax rules depend on the relationship to the deceased and the taxable value of assets. Local Finanzamt offices administer assessments and collections. Tax allowances and rates vary according to class and amount.

- Cross-border issues - If the deceased had assets or residence outside Germany, EU succession rules and international law can apply. It is often advisable to state the applicable law in the will and to obtain specialist advice for international estates.

Frequently Asked Questions

Who inherits if someone in Aurich dies without a will?

If there is no valid will the statutory rules of intestate succession under the German Civil Code apply. Generally the spouse and children are first in line, followed by other relatives in a fixed order. Where no relatives exist the estate may eventually pass to the state. Local courts apply these rules when dealing with estates in Aurich.

What is the Pflichtteil and who can claim it?

The Pflichtteil is a mandatory monetary portion available to certain close relatives - typically children, the surviving spouse and, in some situations, parents - who are excluded or underprovided for in a will. It is a claim against the estate for a defined share of the estate value. The Pflichtteil is a cash claim and does not normally require transferring specific items of property.

How do I make a valid will in Germany?

You can make a valid handwritten will by writing the entire document in your own handwriting, adding the date and signing it. Alternatively you can have a notarial will drawn up by a public notary, which gives stronger proof of the testator's intent and often simplifies later administration. Use clear language and be careful with dates and signatures. If you are unsure use a notary or lawyer to avoid formal errors that could invalidate the will.

Where should I keep my will in Aurich?

You can keep a will at home, but many people choose to deposit it with the local court - the Nachlassgericht at the Amtsgericht Aurich - for safekeeping. A notarial will is kept by the notary. Depositing your will with the court reduces the risk it is lost or overlooked after your death.

Can I disinherit my children completely?

Under German law you cannot fully disinherit certain close relatives from receiving any monetary entitlement. Children and the surviving spouse may have rights to the Pflichtteil even if the will disinherits them. There are limited exceptions, for example where specific legal grounds for disinheritance exist, but these are narrow and contested cases should be handled by a lawyer.

What is an Erbschein and when do I need one?

An Erbschein is a certificate issued by the Nachlassgericht that establishes who the heirs are and their shares of the estate. It is often required by banks, land registries and authorities to prove entitlement. However a notarial certificate of inheritance or an authenticated will can sometimes replace an Erbschein. A lawyer or notary can advise whether you need to apply for one in Aurich.

How long do I have to contest a will or make a claim?

There are legal time limits to challenge a will or to assert rights such as the Pflichtteil. For contesting a will based on lack of capacity or violation of formal requirements you should act promptly once you discover grounds for challenge. Claims for the Pflichtteil are subject to limitation periods. Speak with an inheritance lawyer quickly to preserve your rights.

Do I need a lawyer to handle a simple estate?

Not always. For straightforward estates with clear heirs and limited assets you may be able to manage without a lawyer. However even simple estates can present issues - tax filings, creditor claims or problems transferring property - where a lawyer or notary can save time and avoid mistakes. If you are uncertain consult a specialist for an initial assessment.

How is inheritance tax calculated in Germany?

Inheritance tax depends on who inherits, the relationship to the deceased and the value of the estate after allowable deductions. There are tax-free allowances that vary by relationship, and progressive tax rates apply above those thresholds. The local Finanzamt handles tax assessment. Tax planning and accurate valuation of assets are important, so consider advice from a tax advisor or lawyer.

How can I change or revoke my will?

You can revoke or amend a handwritten will by creating a new valid will or by destroying the old one with the clear intention of revocation. A notarial will can be changed or revoked through another notarial act or by a handwritten declaration. Because revocation can have complex legal effects - especially with joint or mutual wills - get advice if your family situation or assets change.

Additional Resources

For people in Aurich the following local bodies and types of professionals can be particularly helpful:

- Amtsgericht Aurich - Nachlassgericht for will deposit and Erbschein matters.

- Local notaries in Aurich for drawing up notarial wills and authenticating documents.

- Fachanwalt für Erbrecht - specialist inheritance lawyers who handle disputes, planning and probate work.

- Finanzamt - for inheritance tax questions and filing requirements.

- Standesamt Aurich - for certified copies of birth, marriage and death certificates needed in inheritance proceedings.

- Notarkammer Niedersachsen and professional chambers - for information about notaries and standards.

- Verbraucherzentrale Niedersachsen and local counseling services - for general consumer guidance and referrals.

- Certified translators and international estate specialists - where documents or assets cross borders.

Next Steps

If you need legal assistance with wills or inheritance in Aurich follow these practical steps:

- Gather essential documents: the deceased's will if any, death certificate, marriage and birth certificates, property deeds, bank statements, insurance policies and loan documents.

- Determine whether a valid will exists and where it is kept - at home, with a notary, or deposited at the Nachlassgericht in Aurich.

- If you are an heir and need proof of entitlement, check whether a notarial certificate suffices or if you must apply for an Erbschein at the Amtsgericht Aurich.

- Contact a notary to draft or deposit a will if you are planning ahead. For disputes, contested wills or complicated estates consult a Fachanwalt für Erbrecht.

- Consult a tax advisor or the Finanzamt early to understand inheritance tax obligations and deadlines.

- Secure assets as needed - for example notify banks and insurers and safeguard real estate and valuable items until legal ownership is clarified.

- Act promptly if you believe a will should be challenged or if there are creditor claims - many rights are subject to time limits.

Taking these steps and seeking early professional advice will help protect your interests and make the handling of an estate in Aurich smoother and more predictable.

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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.