Best Will & Testament Lawyers in Göttingen

About Will & Testament Law in Göttingen, Germany

A Will, referred to as a "Testament" in Germany, is a legally binding document that allows individuals to determine how their assets will be distributed after their death. In Göttingen, as in the rest of Germany, the law surrounding Wills and inheritance is governed by the German Civil Code, or Bürgerliches Gesetzbuch (BGB). Making a clear and valid Will ensures that your wishes are respected and helps avoid conflicts among heirs. It also provides the opportunity to appoint guardians for minor children, assign specific bequests, and designate an executor. Understanding the local practices and requirements is essential to ensure that your Will is valid and enforceable.

Why You May Need a Lawyer

Seeking legal advice for matters related to Wills and Testaments is highly recommended in many situations. Common scenarios where people in Göttingen may require a lawyer include:

• Drafting or updating a Will to ensure it meets legal requirements and reflects current intentions.
• Navigating complex family situations, such as blended families, previous marriages, or estranged relatives.
• Disputes over the validity of a Will or disagreements among heirs after someone passes away.
• Protecting the interests of minors or dependents who may need a guardian or special care.
• Addressing international assets or heirs who live abroad, which can complicate inheritance procedures.
• Reducing inheritance tax obligations through proper planning and legal structuring.
• Assisting with probate proceedings and ensuring a smooth transfer of property.

A lawyer ensures that your Will is clear, valid, and enforceable, providing peace of mind that your wishes will be carried out appropriately.

Local Laws Overview

In Göttingen, the law on Wills and Testaments is based on national legislation but may involve specific local procedures. Here are key aspects relevant in Göttingen:

• Form of Will: A Will must be handwritten, dated, and signed by the testator or notarized by a notary public. Typed Wills are not recognized unless notarized.
• Legal Capacity: Only individuals aged 16 and above can make a Will. Full contractual capacity is required for notarial Wills.
• Forced Heirship: Spouses, children, and, under certain conditions, parents have a legal right to a portion of the estate called a "Pflichtteil" or compulsory share, even if excluded in a Will.
• Inheritance Tax: Depending on the relationship between the deceased and the heirs, different tax rates and exemptions may apply. Proper planning can minimize tax liabilities.
• Probate Process: Wills must generally be submitted to the local probate court (Nachlassgericht) in Göttingen after death. The court oversees administration and distribution of the estate.
• International Aspects: If you or your heirs have international ties or assets, European and international inheritance regulations may affect which laws apply.

Frequently Asked Questions

What makes a Will valid in Göttingen, Germany?

A Will is valid if it is handwritten, signed, and dated by the testator, or if it has been created and certified by a notary public. Typing your own Will is not accepted unless you use a notary.

Can I change or revoke my Will?

Yes, you can change or revoke your Will at any time as long as you have legal capacity. This can be done by writing a new Will or by explicitly revoking the previous one.

Are there inheritance taxes in Göttingen?

Yes, inheritance tax applies depending on the value of the estate and the relationship between the deceased and the heir. Close relatives often benefit from higher tax-exempt amounts.

What is the Pflichtteil or compulsory share?

The Pflichtteil ensures that certain close relatives, like children and spouses, receive a minimum portion of the estate even if excluded from the Will. This cannot be overridden except in very specific cases.

What happens if I die without a Will?

If you die without a Will, your estate will be distributed according to the statutory rules of succession, which typically favor spouses, children, and other close relatives.

Can I exclude someone from my Will?

You can exclude individuals from your Will, but close relatives may still claim their compulsory share. Excluding a Pflichtteil beneficiary is only possible in exceptional circumstances.

How is a Will executed after death?

After death, the Will is submitted to the local probate court. The court confirms its validity and oversees the distribution of assets as specified in the Will.

Do I need a notary to make a Will?

You do not need a notary if you create a handwritten Will. However, a notarial Will has advantages, such as clarity and easier probate procedures.

What is an executor, and do I need one?

An executor (Testamentsvollstrecker) manages the estate and ensures the Will is carried out. Appointing one is not mandatory but highly recommended, especially for complex estates.

Can I include foreign property in my German Will?

Yes, but different legal systems may apply to foreign property. Legal advice is strongly recommended when international assets or heirs are involved.

Additional Resources

• Notarkammer Braunschweig: The regional notary chamber can provide information on notarial Wills.
• Amtsgericht Göttingen (Probate Court): Handles probate matters and the validation of Wills.
• German Bar Association (Deutscher Anwaltverein): Offers referrals to qualified inheritance law attorneys.
• Consumer Advice Center (Verbraucherzentrale): Provides general information and guidance on Wills and inheritance rights.

Next Steps

If you require legal assistance regarding a Will or Testament in Göttingen, consider the following steps:

1. Gather all relevant information about your assets, family situation, and any existing Wills or legal documents.
2. List your main concerns and objectives, such as specific bequests, care for dependents, or minimizing inheritance tax.
3. Contact a local attorney who specializes in inheritance law or visit the local bar association for a referral.
4. If your situation is straightforward, you may prepare a handwritten Will, but consult a lawyer to ensure legal validity if your case is more complex.
5. Consider discussing your intentions with your family to prevent misunderstandings and disputes in the future.
6. Store your Will securely, ideally at the probate court or with your notary, and inform a trusted person of its location.

Seeking professional legal advice ensures that your wishes are recorded accurately and provides peace of mind for you and your loved ones.