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This guide explains the basics of will and testament matters for people living in Miesbach, Germany. Inheritance law in Germany is primarily governed by the German Civil Code - BGB - and applies nationwide, including Miesbach. Local institutions - for example the Nachlassgericht at the Amtsgericht Miesbach and notaries practicing in the district - handle administration, registration and enforcement of wills and estates. A valid will sets out who inherits your assets, can appoint an executor and can reduce family disputes. There are simple options - a handwritten will - and more formal options - a notarial will - each with different advantages and legal effects.
Not every will situation requires a lawyer, but legal help is highly recommended in many common situations:
- Complex family situations - blended families, second marriages, children from different relationships or unclear paternity.
- Substantial assets - real estate, business interests, large bank accounts or cross-border assets where formal structuring affects tax and transfer.
- Disputed intestacy or contested wills - where heirs disagree, or a will is challenged for invalidity.
- International elements - if you or your heirs live abroad, own property outside Germany or hold foreign citizenship, choice-of-law and recognition issues arise.
- Estate planning and tax optimisation - to use allowances and exemptions efficiently and to reduce potential inheritance tax liabilities.
- Protecting vulnerable beneficiaries - to create trusts, appoint guardians or set conditions for inheritance.
Key legal points to know for Miesbach residents:
- Types of wills - A handwritten will - eigenhändiges Testament - is valid if entirely handwritten, signed and dated by the testator. A notarial will - notarielles Testament - is made and certified by a notary and typically gives stronger evidentiary effect and safer storage.
- Pflichtteil - Certain close relatives - typically children, spouse and in some cases parents - hold a compulsory share (Pflichtteil) that cannot be entirely removed by a will. The Pflichtteil equals a monetary claim worth generally one half of the statutory share of inheritance.
- Intestate succession - Without a valid will, statutory rules under the BGB determine heirs and shares. This can produce results testators did not expect, so a will is important to express wishes.
- Nachlassgericht and Erbschein - The local probate court - Nachlassgericht at the Amtsgericht Miesbach - processes estate matters. Heirs often obtain an Erbschein (certificate of inheritance) from the court to prove heirship to banks and registries.
- Acceptance and renunciation - An heir can accept or renounce an inheritance. There is a limited period to declare renunciation - typically six weeks from the time the heir learns they have inherited and from whom. If there are debts exceeding assets, renunciation can limit personal liability.
- Inheritance tax - Inheritance and gift tax is federal. Heirs must notify the tax office and may have to file an inheritance tax return within a short period - generally three months after learning of the inheritance. Exemptions apply by beneficiary class - for example the spouse exemption is substantial - and tax rates depend on relationship and the taxable value.
- Real estate transfers - Transfers of real estate require notarisation and entry in the Grundbuch. A notary will normally handle the contract and registration process.
- Depositing and finding wills - Notarial wills are kept by the notary and can be registered in the central wills register. Handwritten wills should be safely stored and it is advisable to tell a trusted person or deposit the will with the local court or notary to ensure it is found after death.
The main options are a handwritten will - eigenhändiges Testament - which must be entirely in your handwriting, signed and dated, and a notarial will - notarielles Testament - prepared and certified by a notary. Couples may use a joint will - Ehegatten- oder Berliner Testament - but joint wills have special consequences and should be discussed with a lawyer or notary.
Write the whole text by hand, sign it and include the place and date. Avoid ambiguity about who inherits what. Do not rely on printed or typed text unless a notary is involved because typewritten wills without full handwriting are normally invalid. Keep the will safe and let someone trustworthy know where it is.
Use a notary if you have significant assets, real estate, a business, international elements, or anticipate disputes. Notarial wills reduce the risk of formal invalidity, are registered and stored professionally, and a notary can explain legal consequences and tax effects.
The Pflichtteil is a compulsory monetary share for close relatives - principally children and the spouse, and in certain cases parents. It cannot be taken as property but as a claim for a monetary payment against the estate and is roughly one half of the statutory inheritance share. You cannot completely disinherit someone entitled to a Pflichtteil without triggering that claim.
If there is no valid will, German intestacy rules determine who inherits. Typically the spouse and children inherit first. These statutory rules may produce results that differ from your wishes, so a will is the best way to control distribution.
Not always. Some institutions accept a probate copy of the will plus a declaration by heirs. Banks often require an Erbschein to release funds. Real estate transfers require appropriate proof of title and often an Erbschein or notarial documents. A notary or the Nachlassgericht can advise what documentation you need in specific cases.
Yes - an heir can renounce an inheritance to avoid taking on debts. Renunciation must be declared formally - often in writing at the Nachlassgericht - and there is usually a six-week period to decide after learning about the inheritance. Renouncing means you receive nothing and you are treated as if you predeceased the decedent for purposes of distribution.
Yes, inheritance tax applies. Exemptions depend on relationship: for spouses the tax-free allowance is substantial, for children it is lower but still significant, and for more distant relatives or unrelated heirs the allowances and rates are less favorable. The tax office must be notified and a return is normally required within three months. Exact amounts and rates change, so consult a tax advisor or lawyer for current figures and planning options.
You can exclude someone by will, but close relatives with Pflichtteil rights will still be able to claim their compulsory share. Disinheriting someone without an understanding of Pflichtteil consequences can lead to legal challenges, so seek legal advice before attempting to fully exclude a close family member.
You can revoke a handwritten will by destroying it or by creating a new valid will that expressly revokes the earlier one. A notarial will can be revoked by a new notarised declaration or by making a handwritten revocation if done correctly. Keep clear records and consider legal advice for complex changes to avoid uncertainty after death.
Useful local and national bodies to consult:
- Amtsgericht Miesbach - Nachlassgericht - for Erbschein applications and probate matters.
- Local notaries - for drafting and storing notarial wills and handling real estate transfers.
- Anwalt fuer Erbrecht - specialized inheritance lawyers in Miesbach or the wider Oberbayern region - for disputes, complicated estates and tax planning.
- Finanzamt - for inheritance tax questions and filings. Consider a Steuerberater (tax advisor) for complex estates.
- Bundesnotarkammer and the Central Wills Register - for questions about registering or locating notarial wills.
- Verbraucherzentrale Bayern - for general consumer guidance and basic legal information.
If you need legal assistance with a will or inheritance matter in Miesbach, follow these steps:
- Gather basic documents - your ID, property deeds, bank statements, previous wills, marriage and birth certificates for family relationships.
- Decide on the type of will - handwritten for simple situations or a notarial will for greater legal certainty and safekeeping.
- Consult a notary or an experienced Anwalt fuer Erbrecht - for drafting, explaining Pflichtteil consequences, and handling cross-border issues.
- Consider a tax consultation - a Steuerberater can explain inheritance tax exposure and planning options.
- Register or safely store the will - inform a trusted person where the will is kept or arrange deposit with a notary or the appropriate registry so it can be found.
- If you are an heir after a death - obtain the death certificate, contact the Nachlassgericht at the Amtsgericht Miesbach to learn whether an Erbschein or other formal steps are necessary, and notify the tax office within the required period.
Legal matters around wills can affect family relationships and financial security. For tailored, reliable advice, arrange a face-to-face consultation with a notary or a specialist inheritance lawyer in Miesbach.
