Best Will & Testament Lawyers in Giessen

About Will & Testament Law in Giessen, Germany

Will & Testament law in Giessen, as in the rest of Germany, is governed by the German Civil Code (Bürgerliches Gesetzbuch, or BGB). The law provides individuals the right to determine how their assets will be distributed upon their death through a legally valid will (Testament) or contract of inheritance (Erbvertrag). In the absence of a will, the so-called legal succession (gesetzliche Erbfolge) applies. These rules ensure that your wishes are respected and your loved ones are provided for, but making a will also requires special attention to legal formalities and regional requirements.

Why You May Need a Lawyer

There are many scenarios where legal assistance in the field of Will & Testament is advisable:

• Your family or financial situation is complex (e.g., blended families, foreign property, family business).
• You want to exclude close relatives from inheritance (disinheritance).
• You wish to create a legally binding joint will or inheritance contract.
• There are concerns about tax implications or you wish to minimise inheritance tax.
• There are disputes or potential disputes about an existing will.
• You need assistance with executing a will or managing an estate as an executor.
• You want to ensure your will is valid under German law and recognized by local authorities in Giessen.

Local Laws Overview

In Giessen, Will & Testament matters are subject to national German law, as set out in the BGB, with certain local practices administered through the Giessen district court and associated notaries:

• Testamentary Forms: A will can be handwritten and signed (“eigenhändiges Testament”), or made before a notary (“öffentliches Testament”). Both must fulfill strict formal requirements to be valid.
• Intestate Succession: If you do not leave a will, your assets are distributed among legal heirs according to degrees of relationship.
• Reserved Portion Right (Pflichtteil): Close relatives (children, spouse, parents) are entitled to a mandatory share of the estate, regardless of the will's contents, except in very limited circumstances.
• Inheritance Contracts: These can be binding agreements between parties (e.g., spouses) and must be notarized.
• Taxation: Inheritance tax (Erbschaftsteuer) applies; local tax offices in Giessen handle tax-related matters.

Frequently Asked Questions

What makes a will valid in Giessen, Germany?

A will is valid if it is handwritten and signed by the testator, or notarized before a notary. Typed or unsigned wills are not legally valid.

Can I write my will in another language?

A will may be drafted in another language, but using German is advised to prevent misunderstandings or disputes during probate.

Do I have to use a notary to make a will?

No, but a notarial will has certain legal advantages, such as automatic official safekeeping and reduced risk of legal challenges.

Are my children and spouse automatically entitled to part of my estate?

Yes, by law certain relatives (children, spouse, parents) have a mandatory reserved share (Pflichtteil), even if not named in the will.

How do I change or revoke my will?

You can modify or revoke your will at any time by creating a new will that clearly states your intentions or by physically destroying the old will.

What happens if I die without a will?

The statutory inheritance law applies. Your estate will be distributed to your next of kin following a predetermined order of succession.

Do I need to register my will in Giessen?

Registration is not mandatory, but it is strongly recommended to deposit your will with the local court (Amtsgericht) or a notary for safekeeping.

Who is responsible for settling my estate?

Typically, the heirs assume responsibility, unless an executor (Testamentsvollstrecker) is named in the will to carry out your instructions.

What if I want to exclude someone from my will?

Disinheritance is possible but complicated by the Pflichtteil rule, which grants certain relatives a minimum share regardless of your wishes, except under strict conditions.

Is inheritance tax high in Germany?

Inheritance tax varies depending on the value of the estate and the relationship between the deceased and the heir. Spouses and children benefit from higher tax-free allowances. Consult a lawyer for detailed advice.

Additional Resources

Consider the following resources and institutions in Giessen for further help:

• Amtsgericht Giessen (District Court): Handles will deposit, probate, and official matters related to inheritance law.
• Notarkammer Frankfurt (Notarial Chamber): Provides information about local notaries who can assist with wills.
• Giessen Bar Association (Rechtsanwaltskammer Frankfurt am Main): Offers lawyer search and guidance services.
• Local Tax Office (Finanzamt Giessen): For queries on inheritance tax.
• Consumer Advice Center (Verbraucherzentrale): Offers general guidance and support.

Next Steps

If you need assistance with a Will & Testament in Giessen, consider the following steps:

1. Outline your wishes and assets as clearly as possible.
2. Gather relevant documents, such as property deeds, account information, and family records.
3. Seek a consultation with a notary or a qualified lawyer specializing in inheritance law - they can clarify your situation and help you draft a legally valid will.
4. Consider safely depositing your will with the local court or a trusted notary.
5. Review your will periodically and after major life events to ensure it reflects your current wishes.