Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide explains the practical basics of wills and testaments for people living in Buhl, Germany. Inheritance law in Germany is governed primarily by the German Civil Code - the BГјrgerliches Gesetzbuch or BGB. Local courts and public authorities in Buhl apply these national rules. A will is a legal document in which a person states how their estate should be distributed after death. Wills can be handwritten by the testator or drawn up and authenticated by a notary. Certain formal requirements must be met for a will to be valid, and some assets or transfers require additional steps such as notarial deeds or court involvement.
You may want legal help when creating, updating, or enforcing a will, or when an estate becomes contested or complicated. Common situations include:
- You want a will that is clear, legally valid, and minimizes the risk of later disputes.
- You and your spouse want a joint or mutual will, such as a Berliner Testament, and you need advice about long-term consequences for children and taxable events.
- You have international elements - assets, residence, or heirs in other countries - and need to apply EU succession rules or choose governing law.
- You expect or face a claim for the compulsory share - Pflichtteil - from close relatives.
- The estate includes business interests, real estate, or complex financial instruments that require precise drafting and possibly notarial acts.
- An heir wishes to disclaim the inheritance, or there are substantial debts and you need to limit liability.
- There is a dispute among heirs or allegations that a will is invalid due to lack of capacity or undue influence.
Key aspects of German inheritance law that apply in Buhl include:
- Legal framework: The BGB contains the main rules on wills, statutory succession, and compulsory portions. Local Amtsgerichte act as probate courts - Nachlassgericht - for registration, issuing certificates of inheritance, and handling formal matters.
- Form of wills: A handwritten will - eigenhдndiges Testament - must be entirely handwritten by the testator and signed. It is advisable to add place and date to reduce ambiguity. A notarial will - notarielles Testament - is prepared or recorded by a notary and stored by that notary; it offers greater legal security.
- Statutory heirs and compulsory share: If no valid will exists, statutory rules determine heirs. Close relatives and spouses are protected. The Pflichtteil gives certain relatives a monetary minimum share - typically half of the statutory inheritance share.
- Proof of inheritance: When needed, the Nachlassgericht can issue an Erbschein, a certificate that proves heirship. Notarial wills or a probate certificate may substitute for an Erbschein in some dealings, but banks and authorities vary in their requirements.
- Acceptance and rejection: Heirs can accept or reject the inheritance. There is a statutory deadline to disclaim an inheritance - in many cases six weeks from the time the heir becomes aware of the inheritance. Special rules apply if the heir lives abroad. There are also ways to limit liability for debts, such as acceptance with benefit of inventory - consult a lawyer for details.
- Taxes: Inheritance tax - Erbschaftsteuer - is administered by the local Finanzamt. Tax allowances and rates depend on the relationship to the deceased and the value of the estate. Timely declaration and advice from a tax expert are often necessary.
- Real estate and notary formalities: Transfers of real estate require notarial deeds and updates in the land register - Grundbuch. A notarial will or assistance from a notary is often helpful when real estate is involved.
A handwritten will must be written fully by the testator in their own hand and signed. Including the place and date is strongly recommended. A notarial will prepared by a notary is also valid and is generally safer because the notary confirms identity and capacity. The testator must be legally capable - generally at least 18 years old and of sound mind when making the will.
No, you can make a valid handwritten will without a notary. However, using a notary reduces the risk of formal mistakes, helps clarify legal consequences, and simplifies later probate steps. If you own real estate, have complex assets, or want to avoid disputes, a notarial will is strongly recommended.
The Pflichtteil is a monetary minimum that close relatives can demand even if they are disinherited. Eligible persons typically include children, spouse, and parents. The Pflichtteil usually equals half of what the person would have received under statutory inheritance. A lawyer can calculate the amount and advise on defense strategies or settlements.
Proof of heirship is commonly provided by a will or by an Erbschein issued by the Nachlassgericht at the local Amtsgericht. A notarial deed or an official probate certificate can substitute in many cases. Different institutions such as banks may require specific documents, so it is useful to ask in advance which proof they accept.
You can attempt to disinherit someone by leaving them out of the will, but close relatives may still claim the Pflichtteil. Complete exclusion of a spouse or child is difficult because of compulsory portion rules. If you want to exclude a person entirely, talk to a lawyer about possible legal and practical limits and the risk of litigation.
If someone dies without a valid will, German statutory succession rules apply. These rules define who inherits and in which order - typically spouse and children first, then parents and siblings. Without a will, your estate may be distributed in ways you would not have preferred. Making even a simple handwritten will can change that outcome.
There is a statutory deadline to disclaim an inheritance. In many cases the deadline is six weeks from the time the person becomes aware of their status as heir. If the heir resides abroad or other special circumstances apply, different time limits may apply. The disclaimer must usually be declared to the competent court. Consult a lawyer promptly if you consider rejecting an inheritance.
You can appoint a Testamentsvollstrecker or estate executor in your will to manage distribution, pay debts, and carry out your final wishes. Naming an executor can simplify administration and avoid disputes. Executors can be private persons or professionals such as lawyers or notaries, and they are subject to duties and possible liability.
Inheritance tax is assessed by the local Finanzamt. The tax depends on the value of the estate and the relationship between the deceased and the heir. Close relatives receive higher tax allowances. It is important to notify the tax office and file any required declarations promptly. For estates of significant value, consult a tax advisor or lawyer to plan tax-efficient transfers.
If a will is disputed, heirs or interested parties can bring an action at the local court. Common grounds for contesting a will include lack of testamentary capacity, formal defects, forgery, or undue influence. Evidence and legal arguments are required, and proceedings can be time-consuming and costly. Early legal advice will help assess the merits and the best approach.
Useful local and national authorities and organizations to consult or contact in Buhl include:
- The Nachlassgericht at the local Amtsgericht for matters such as Erbschein and registration of estate matters.
- Local Notaries - Notar for drafting and storing notarial wills and handling real estate transfers.
- The Finanzamt for inheritance tax questions and declarations.
- Verbraucherzentrale for general consumer-oriented guidance on estate issues.
- Regional Rechtsanwaltskammer for lists of local lawyers specializing in inheritance law.
- German Bar Association and local lawyer directories to find qualified Erbrecht attorneys.
- Tax advisors specializing in inheritance tax and estate planning.
If you need legal assistance with a will or inheritance matter in Buhl, follow these practical steps:
- Gather documents: passport or ID, marriage certificate, birth certificates of children, any existing wills or contracts, property deeds, bank statements, life insurance policies and pension information, and any business ownership documents.
- Decide your objectives: who you want to inherit, whether to appoint an executor, how to provide for dependents, and any tax planning goals.
- Consider meeting a notary for a notarial will if you want the highest level of formal security, or consult a lawyer for tailored estate planning and to handle complex or contested situations.
- If you face an urgent matter after a death, contact a lawyer quickly to observe deadlines - for example for disclaiming an inheritance or opening formal proceedings with the Nachlassgericht.
- If tax questions arise, involve a tax advisor early to avoid surprises and to make use of allowances and exemptions.
Getting professional advice can save time, reduce risk of disputes, and help protect your wishes. For many straightforward situations a consultation with a local Buhl notary or an Erbrecht lawyer is a practical and effective first step.
