Best Will & Testament Lawyers in Stade

About Will & Testament Law in Stade, Germany

In Germany, wills and inheritance are governed by the German Civil Code known as the BGB. The rules apply uniformly nationwide, including in Stade in Lower Saxony. A will is the document in which you decide who will receive your property after your death and who will manage the process. Without a will, statutory inheritance rules apply automatically. The local probate court in Stade known as the Nachlassgericht at the Amtsgericht is responsible for opening wills, issuing certificates of inheritance, and supervising many probate steps. You can create a handwritten will, a notarized will, or an inheritance contract. Spouses and registered partners can also make a joint will often called a Berliner Testament. German law protects close family members with a forced share called Pflichtteil, and heirs generally succeed to both assets and debts. Proper planning helps you control who inherits, reduce family conflict, and avoid delays.

Why You May Need a Lawyer

You may need a lawyer if you want to make a clear and enforceable plan for your estate, especially if your family situation or assets are complex. A lawyer can help you choose the right form of will, use precise wording, and avoid mistakes that can make a will invalid. Legal help is also important if you want to disinherit someone who has a forced share or if you plan to impose conditions or create long term arrangements through an executor or a trust-like administration. If you own real estate, a business, or assets in different countries, professional advice is strongly recommended to coordinate property law, tax, and international rules. After a death, lawyers assist heirs with the probate process, filings at the probate court, communication with banks and the land registry, disclaimers of inheritance, and resolution of disputes within a community of heirs. You may also want counsel if you suspect undue influence, fraud, or if you plan to challenge a will.

Local Laws Overview

German inheritance law is federal, so the key rules are the same in Stade as elsewhere in Germany. The probate court in Stade called the Nachlassgericht at the Amtsgericht is your local authority for opening wills, depositing wills for safekeeping, recording disclaimers, and issuing certificates of inheritance known as Erbschein. Notaries in Stade can prepare and notarize wills, inheritance contracts, and applications to the probate court. Notarial instruments and official deposits are registered with the Central Register of Wills, which ensures the court is notified after a death. Court and notary fees are set by statute under the German Act on Court and Notary Fees known as GNotKG and depend on the value of the estate or transaction.

There are several forms of testamentary documents. A handwritten will known as eigenhändiges Testament must be written entirely by hand and signed with the date and place recommended. No witnesses are required. A notarial will known as öffentliches Testament is made before a notary and is often preferable for complex estates, for those who cannot handwrite a full document, and for easier bank and land registry processing. Minors aged 16 to 17 can only make a notarial will. Spouses and registered partners may create a joint will known as Berliner Testament to name each other as sole heir and the children as final heirs after the second death. An inheritance contract known as Erbvertrag requires a notary and binds the parties more strictly than a will.

Close relatives have a forced share right called Pflichtteil if they are excluded by a will. This applies to descendants, the spouse or registered partner, and in some cases parents. The forced share is a cash claim equal to half of the statutory share. Gifts made within ten years before death can increase this claim with a tapering rule. Heirs take over the assets and debts by universal succession. If you do not want to accept an inheritance, you must disclaim within six weeks of learning of the inheritance and the reason for entitlement, or within six months if you were abroad when you learned of it. Heirs often need an Erbschein to deal with banks and the land registry, although a notarial will with a court opening protocol can sometimes replace it. Property in the land register located in Lower Saxony is recorded and updated through the land registry at the local court.

For cross border cases, the EU Succession Regulation generally applies the law of the deceaseds habitual residence at death, with an option to choose the law of ones nationality in a will. Inheritance tax known as Erbschaftsteuer is federal. Exemptions and tax classes depend on the relationship to the deceased. As a guide, spouses have an exemption of 500,000 euros and children 400,000 euros, with tax rates rising with value and distance of relationship. Proper structuring in your will and lifetime gifts can improve tax outcomes while meeting family goals.

Frequently Asked Questions

What makes a handwritten will valid in Germany?

The will must be written entirely by hand by the testator, signed with the full name, and ideally dated and place indicated. Typed text is not valid unless notarized. No witnesses are required. If you are 16 or 17, you must use a notarial will.

Do I need a notary for my will in Stade?

A notary is not legally required for a handwritten will, but a notarial will avoids formal mistakes, is easier to use with banks and the land registry, and is often better for complex estates, business assets, or international issues. A notary is mandatory for inheritance contracts and for wills by those aged 16 or 17.

What happens if I die without a will?

Statutory inheritance rules apply. Your spouse or registered partner and your relatives inherit according to fixed shares. If you have no descendants, your parents and their descendants may inherit. This can result in a community of heirs that must manage and divide the estate together, which can be time consuming.

Can I disinherit my children?

You may exclude children from inheriting, but they can usually claim the forced share known as Pflichtteil. This is a cash claim equal to half of their statutory share. You can reduce risks from Pflichtteil claims through careful planning, timing of gifts, and certain clauses, but full exclusion is only possible in very narrow cases such as serious misconduct.

What is the Erbschein and when do I need it?

The Erbschein is a certificate issued by the probate court identifying the heirs and their shares or the executor. It is often required by banks and the land registry. If there is a notarial will and the court has opened it, institutions sometimes accept those documents instead of an Erbschein. Your lawyer or notary can advise on the most efficient route.

How do I store my will safely in Stade?

You can deposit your will with a notary or directly with the probate court for official safekeeping. It will be registered, and the court will be notified after your death. This prevents loss or destruction and speeds up probate. If you keep a will at home, tell trusted persons where it is.

What is a Berliner Testament and is it right for us?

It is a joint will for spouses or registered partners, often naming each other as sole heir first and the children as final heirs after the second death. It can secure the surviving partner but may restrict later changes and can trigger forced share claims by children after the first death. Tailored clauses and advice are important.

How quickly must I disclaim an inheritance?

You have six weeks from when you learn about your entitlement and the cause for it, or six months if you were abroad. The disclaimer must be declared at the probate court or notarized. If there are debts or risks, seek advice promptly.

What about property in another country?

International rules may apply. Under the EU Succession Regulation, the law of your habitual residence often governs the whole estate, but you can choose the law of your nationality in a will. There can still be local formalities to transfer real estate abroad. Coordinated planning and local counsel in each country are advisable.

What does an executor do?

An executor called Testamentsvollstrecker manages the estate, pays debts and taxes, and distributes assets according to the will. Naming an executor can reduce conflict and speed administration, especially for complex estates or when heirs are minors or live abroad.

Additional Resources

The probate court known as Nachlassgericht at the Amtsgericht Stade is the local authority for probate, disclaimers, and certificates of inheritance. The Lower Saxony chamber of notaries known as Niedersächsische Notarkammer and local notaries can assist with drafting and depositing wills and with applications to the court. The German Bar Association and local bar associations can help you find inheritance law attorneys. The Central Register of Wills managed by the Federal Chamber of Notaries ensures wills in official safekeeping are found. Consumer advice centers in Lower Saxony offer general information on inheritance and estate planning. The Federal Ministry of Justice publishes brochures on inheritance, forced shares, and the EU Succession Regulation.

Next Steps

Start by listing your assets and debts, your family members, special wishes such as guardianship for minor children, and any business or cross border issues. Decide who should inherit, who should serve as executor, and whether anyone should receive specific items or gifts. Arrange a consultation with a notary or an inheritance law attorney in Stade to review your goals, discuss tax and forced share implications, and select the right instrument such as a handwritten will, a notarial will, or an inheritance contract. If you choose a handwritten will, write it entirely by hand, sign, and date it, then consider depositing it with the probate court or a notary for safekeeping. Inform trusted persons about the existence and storage of the will. Review your plan after major life events such as marriage, divorce, the birth of a child, a property purchase, or a move abroad. If a death has already occurred, contact the probate court in Stade or a local lawyer promptly to obtain guidance on deadlines, required documents, and whether an Erbschein is necessary.