Best Will & Testament Lawyers in Dachau

About Will & Testament Law in Dachau, Germany

A Will & Testament (Testament) is a crucial legal document in Germany, including Dachau, that allows individuals to determine how their assets will be distributed after their death. German inheritance law (Erbrecht), regulated under the Bürgerliches Gesetzbuch (BGB - German Civil Code), grants individuals considerable freedom to decide who will inherit their property, but it also includes specific rules for the protection of close relatives (so-called Pflichtteilsrecht or compulsory share law). Ensuring that a will is valid, clear, and properly executed is essential to avoid disputes and ensure your wishes are respected.

Why You May Need a Lawyer

Although it is possible to draft a simple will on your own in Germany, many situations arise where legal expertise is invaluable:

• When you have a complex family situation (e.g., blended families, estranged relatives, stepchildren).
• If you own significant assets such as property, businesses, or investments.
• When planning for heirs with special needs or minors who require a guardian or trustee.
• If you wish to exclude statutory heirs or alter the compulsory share (Pflichtteil).
• To avoid or minimize inheritance tax (Erbschaftsteuer) where possible.
• For guidance regarding cross-border inheritances or foreign assets.
• If there are concerns about will validity, undue influence, or legal challenges.

A specialized inheritance lawyer can provide tailored advice, draft precise documents, and help manage disputes or the administration of estates.

Local Laws Overview

German will and inheritance law applies throughout Germany, including Dachau, with certain specifics that people should be aware of:

• Form Requirements: A will can be handwritten (Eigenhändiges Testament) or notarized (Notarielles Testament). Handwritten wills must be entirely written and signed by the testator; typed wills without notarization are invalid.
• Statutory Heirs: German law stipulates that spouses, children, and in some cases parents, are statutory heirs and are entitled to a compulsory share.
• Community of Accrued Gains: Married couples are usually subject to the gesetzlicher Güterstand (community of accrued gains), which can affect inheritance shares.
• Inheritance Tax: The amount depends on the relationship to the deceased and the value of the assets inherited. Allowances exist for spouses, children, and others.
• Probate and Execution: After death, the will must be submitted to the local probate court (Nachlassgericht), which in Dachau is the Amtsgericht Dachau. The court oversees the opening and execution of the will.
• Revocation: Wills can generally be revoked or amended by the testator at any time.
• Joint Wills and Contracts of Inheritance: Spouses may draft joint wills, often in the form of a “Berliner Testament,” or enter into inheritance contracts.

Frequently Asked Questions

Can I draft my own will in Dachau, Germany?

Yes. A will can be handwritten and signed by you personally, or it can be made through a notary. Typed wills are only valid if done through a notary.

Do all my children have to inherit equally?

German law ensures a compulsory share for children (and sometimes spouses or parents), but you are otherwise free to distribute your assets as you wish in your will.

What happens if I die without a will in Dachau?

If you die intestate (without a will), statutory inheritance rules apply, usually benefiting your closest relatives such as spouse and children.

Can I disinherit someone?

You can disinherit someone in your will, but close relatives (e.g., children, spouse) are usually entitled to a compulsory share unless there are serious grounds for exclusion under law.

Where is my will stored after creation?

Notarial wills and other deposited wills are usually kept at the local probate court (Nachlassgericht) in Dachau for safekeeping.

What is a “Berliner Testament”?

A “Berliner Testament” is a joint will made by spouses, where each typically names the other as sole heir, with children inheriting after the second spouse’s death.

Are foreign wills recognized in Germany?

Germany can recognize foreign wills under certain conditions, especially if they comply with local or international rules, but legal advice is strongly recommended for cross-border matters.

How can I change or revoke my will?

You can revoke or change your will at any time by creating a new one or explicitly revoking the old one. Only the most recent valid will applies.

Do I need witnesses for my will in Dachau?

No witnesses are required for handwritten wills in Germany. Notarized wills are witnessed by the notary.

How does inheritance tax work in Dachau?

Inheritance tax depends on the heir’s relationship to the deceased and the value inherited, with tax-free allowances for close relatives. Your lawyer or tax advisor can provide personalized advice.

Additional Resources

If you are seeking further information or assistance, the following resources can be helpful:

• Amtsgericht Dachau (Probate Court): Handles will deposit, probate proceedings, and inheritance disputes.
• Federal Chamber of Notaries (Bundesnotarkammer): Information on notarial services and will registration.
• German Bar Association (Deutscher Anwaltverein): Search tool for local specialist lawyers in inheritance law.
• Consumer Advice Centers (Verbraucherzentrale): Offer guides and legal information on wills and inheritance.
• Local Lawyers Specializing in Inheritance Law: Many legal practices in Dachau and the Munich region offer specialized services.

Next Steps

If you need legal assistance regarding wills and inheritance in Dachau, consider the following steps:

• Make a list of your assets and consider your wishes regarding inheritance.
• Determine if your situation is straightforward or whether complexities exist (such as business ownership or foreign assets).
• Arrange an initial consultation with a lawyer or notary specializing in inheritance law.
• Prepare any current wills, documents, and questions in advance of your meeting.
• Discuss the best way to draft and store your will to ensure its validity and accessibility when needed.
• Regularly review and update your will, especially after major life events (such as marriage, divorce, birth of children, acquisitions, etc.).

Taking timely legal advice ensures your wishes are respected, minimizes family disputes, and provides peace of mind for you and your loved ones.