Best Will & Testament Lawyers in Lübeck

About Will & Testament Law in Lübeck, Germany

Will & Testament law in Lübeck, Germany, governs how a person's assets are distributed after their death. German inheritance law is largely regulated by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and applies nationwide, including Lübeck. Residents can express their wishes concerning the distribution of their estate through a legally valid will, which outlines beneficiaries, executors, and specific bequests. There are specific formal requirements that must be met for a will to be considered valid, and certain family members (for example, children and spouses) may have compulsory inheritance rights that cannot be completely excluded even by a will.

Why You May Need a Lawyer

Many situations make it essential to consult a lawyer regarding a will or testament. You may need legal assistance if you wish to:

• Draft or change your will to avoid disputes and ensure it is legally valid.
• Understand how your estate will be divided under both your wishes and local laws.
• Address complexities such as foreign assets, blended families, or business ownership.
• Defend your rights if you are a beneficiary, especially in cases of contested wills or claims for compulsory shares.
• Navigate tax implications related to inheritances.
• Act as an executor responsible for managing and settling the deceased’s estate.

Local Laws Overview

German inheritance law, as applied in Lübeck, contains several key points:

• Legal Heirs: In the absence of a will, assets are distributed according to statutory succession, with priority given to close family members like spouses and children.
• Types of Wills: Common forms include the handwritten (holographic) will, notarized will, and joint wills for spouses (Berliner Testament).
• Formal Requirements: A handwritten will must be fully written and signed by the testator. Notarized wills are created with the help of a notary.
• Compulsory Share (Pflichtteil): Certain close relatives are entitled to a statutory portion of the estate, even if excluded from the will.
• Executor: You can name an executor (Testamentsvollstrecker) in your will to manage the inheritance process.
• Inheritance Tax: Germany imposes inheritance taxes, the amount of which depends on the value of the estate and the heir’s relationship to the deceased.
• International Considerations: For foreigners or those with assets abroad, European and international laws may also apply.

Frequently Asked Questions

What are the main formal requirements for a valid will in Lübeck?

A will must be fully handwritten and signed by the testator, with date and place recommended for clarity. Alternatively, wills can be notarized. Typed or unsigned documents are invalid.

Do I have to notarize my will?

A notarized will is not mandatory if the will is fully handwritten, but notarization can provide additional legal certainty and make court proceedings easier.

Can my spouse and I make a joint will?

Yes. Married couples often create a joint will, known as a Berliner Testament, which specifies joint wishes regarding the estate, usually leaving assets to the surviving spouse first.

What is the Pflichtteil (compulsory share) and who is entitled to it?

The Pflichtteil is a minimum portion of the estate legally reserved for children, spouses, and sometimes parents of the deceased. They can claim it even if excluded from the will.

Do I need to appoint an executor in my will?

Appointing an executor is optional but recommended for complex estates. The executor manages and distributes the estate according to your wishes and legal requirements.

What happens if I die without leaving a will?

If there is no valid will, your estate is divided according to German intestate succession rules, with priority given to closest relatives such as spouse and children.

Can I disinherit someone completely?

You can disinherit someone, but close relatives entitled to a compulsory share can still claim their statutory minimum, even if not mentioned in the will.

Are foreign wills valid in Lübeck?

Foreign wills may be recognized if they comply with German or international regulations. Seeking legal advice is essential to ensure enforcement and avoid conflicts of law.

How do inheritance taxes work?

Inheritance tax applies to most transfers above certain thresholds. The rate and exemptions depend on the relationship to the deceased and the value of inherited assets.

How do I contest a will?

Heirs can challenge a will based on legal grounds such as incapacity, undue influence, or failure to meet formal requirements. Legal support is crucial for such proceedings.

Additional Resources

Here are useful resources for individuals seeking advice on Will & Testament in Lübeck, Germany:

• Nachlassgericht Lübeck: The local probate court handles inheritance matters.
• Notare (Notaries) in Lübeck: Notaries provide legal advice, help draft and store wills, and formalize inheritance proceedings.
• Deutscher Anwaltverein (DAV): This association can help you find specialized inheritance lawyers in your area.
• Consumer Protection Offices (Verbraucherzentrale): They offer general legal information and support.
• Inheritance Tax Office (Finanzamt Lübeck): For tax-related queries on inheritances.

Next Steps

If you need legal assistance with Will & Testament matters in Lübeck, follow these steps:

1. Gather relevant documents, such as existing wills, property records, and family information.
2. Consult a lawyer or notary specializing in inheritance law for individual advice.
3. Ask about costs and potential outcomes at the outset.
4. Prepare your questions and objectives before the meeting to make the most of legal consultations.
5. If necessary, contact the local probate court (Nachlassgericht) or tax office for formal procedures and guidance.