Best Will & Testament Lawyers in Nuremberg

About Will & Testament Law in Nuremberg, Germany

A Will (Testament) is a legal document in which a person specifies how their estate should be distributed after their death. In Nuremberg, as throughout Germany, Will & Testament law falls under the German Civil Code (Bürgerliches Gesetzbuch, BGB). The system is built on principles of inheritance, family rights, and testamentary freedom, meaning individuals have significant leeway in determining the fate of their assets. However, specific legal procedures must be followed to ensure that a Will is valid and enforceable. Nuremberg, being part of Bavaria and Germany, follows national inheritance laws, with public notaries and probate courts (Nachlassgericht) playing key roles in the process.

Why You May Need a Lawyer

While creating a Will can sometimes seem straightforward, there are many scenarios where professional legal advice is highly advisable:

• You have a large or complex estate, or own property in multiple jurisdictions.
• You wish to disinherit relatives or make non-standard provisions.
• There is a family business or foreign assets involved.
• You want to minimize chances of family disputes after your death.
• There are minor children or dependents with special needs.
• You are not familiar with German inheritance law or are an expatriate.
• Your Will may be challenged or contested.
• You wish to plan tax-efficient inheritance solutions.
• You are unsure whether your existing Will is valid or up to date.

A lawyer versed in Will & Testament in Nuremberg can ensure your wishes are legally sound, help reduce tax burdens for heirs, and prevent costly legal disputes.

Local Laws Overview

Several key aspects define Will & Testament law in Nuremberg and Germany:

• Testamentary Freedom: Individuals can generally decide who inherits, but certain relatives (children, spouse, parents) have mandatory entitlements (Pflichtteil) to a minimum share, even if excluded from the Will.
• Types of Wills: The most common are handwritten (Eigenhändiges Testament) or notarially executed (Notarielles Testament). A handwritten Will must be entirely written and signed in the testator's handwriting, including date and place.
• Public Notaries: Notaries provide legal advice, ensure formal validity, and register Wills in the Central Register of Wills (Zentrales Testamentsregister).
• Probate/Inheritance Proceedings: When the testator dies, the Nachlassgericht (probate court) in Nuremberg handles the process, including verifying the Will’s validity and issuing Certificates of Inheritance (Erbschein).
• Joint Wills and Contracts of Inheritance: Married couples can create joint Wills (Berliner Testament) or conclude inheritance contracts (Erbvertrag), both of which have specific legal rules.
• Foreigners: Non-German citizens living in Nuremberg may be able to choose the law of their nationality to govern their Will, subject to EU regulations (Brussels IV Regulation).

Frequently Asked Questions

What makes a Will legally valid in Nuremberg, Germany?

A Will is valid if it's written entirely by hand, dated, and signed by the testator, or if executed before a German notary. Typed or dictated Wills are invalid without a notary's involvement.

What is the Pflichtteil (forced share)?

The Pflichtteil is a portion of the estate reserved by law for close relatives, usually children, spouse, and sometimes parents, even if they are left out of the Will. They are entitled to claim a monetary value from the estate.

Do I need to have my Will notarized?

Notarization is not mandatory if the Will is handwritten and fulfills legal requirements, but a notarial Will provides greater certainty and is harder to contest.

Where should I store my Will?

You may keep it privately, but the safest option is to lodge it with a notary or the local court for registration (Testamentsregister), ensuring it is found when needed.

Can I change or revoke my Will?

Yes, a testator can change or revoke a Will at any time as long as they are mentally competent. Simply creating a new Will or destroying the old one is sufficient in most cases.

What happens if there is no Will?

If no valid Will exists, statutory inheritance rules (gesetzliche Erbfolge) apply, distributing assets between surviving spouse, children, and other relatives in predefined shares.

Can foreigners draft a Will in Germany?

Yes. Foreign nationals residing in Nuremberg can make a German Will, and may often choose if their home country's or German law applies. Legal advice is crucial in such cases.

Are digital Wills recognized?

No, digital Wills (e.g., scanned, computer-written, or video Wills) are not legally recognized in Germany.

How is inheritance tax handled?

German inheritance tax (Erbschaftsteuer) applies to most inheritances, with allowances based on the relationship between deceased and beneficiary. Complex cases should be discussed with legal and tax professionals.

Can I appoint a guardian for my children in my Will?

Yes, the law allows you to appoint a legal guardian for your minor children, and your wishes are usually respected unless contrary to the child’s best interests.

Additional Resources

If you need more information or help, consider these resources:

• Bavarian Ministry of Justice (Bayerisches Staatsministerium der Justiz): Provides guides and legal information (in German).
• Nuremberg Probate Court (Nachlassgericht Nürnberg): Manages probate and Will matters locally.
• Local Notary Offices (Notariat): Offer expert advice on drafting and executing Wills and inheritance contracts.
• German Bar Association (Deutscher Anwaltverein): Can help locate qualified inheritance lawyers in Nuremberg.
• Central Register of Wills (Zentrales Testamentsregister): Ensures that registered Wills are found after death.

Next Steps

If you need legal assistance with your Will or inheritance planning in Nuremberg, here’s how to proceed:

• Consider your personal circumstances and what you wish to achieve with your Will.
• Gather relevant documents, such as property deeds, family records, and existing Wills.
• Contact a locally qualified inheritance lawyer or notary to arrange a consultation.
• Ask about costs, timelines, and any preparatory steps you can take in advance.
• Keep loved ones informed about the location of your Will and any important decisions you make.
• Review your Will periodically, especially after major life events or law changes.

Seeking professional, local legal advice ensures your wishes are respected and your family is protected.