Best Will & Testament Lawyers in Tübingen

About Will & Testament Law in Tübingen, Germany

In Germany, including Tübingen, the creation and execution of a Will (Testament) is governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB). A Will enables individuals to determine how their estate will be distributed after their death. The legal framework is designed to ensure that the testator’s (the person making the Will) wishes are respected, while also protecting the rights of statutory heirs. Understanding local legal nuances ensures that your Will is valid and enforceable.

Why You May Need a Lawyer

Many residents in Tübingen seek legal advice for the following Will & Testament situations:

• Drafting or revising a Will to ensure it is legally sound and reflects your intentions.
• Dealing with complex family or property situations, such as blended families or business succession.
• Preventing or resolving inheritance disputes among heirs or beneficiaries.
• Navigating German inheritance tax laws (Erbschaftsteuer).
• Understanding the rights of statutory heirs and the potential for compulsory shares (Pflichtteil).
• Ensuring assets located abroad are properly incorporated into your testamentary plan.
• Translating and validating international Wills for residents with multi-national backgrounds.

While it is possible to write a Will without a lawyer, professional guidance minimizes the risk of mistakes that can lead to confusion, disputes, or invalidation.

Local Laws Overview

German law, applicable in Tübingen, has several key aspects regarding Wills & Testaments:

• Types of Wills: The most common types are the handwritten Will (eigenhändiges Testament) and the notarial Will (notarielles Testament). Couples may also write a joint Will (gemeinschaftliches Testament).
• Handwritten Wills: Must be entirely written, dated, and signed by the testator by hand. Typed or digitally created documents are usually invalid unless notarized.
• Notarial Wills: Created and certified by a notary, often providing additional security and efficiency during the probate process (Nachlassverfahren).
• Compulsory Share (Pflichtteil): Close relatives (e.g., children, spouse, parents) are entitled to a mandatory share of the estate, even if excluded from the Will.
• Probate: German law generally does not require a formal probate process for the transfer of assets, but obtaining a certificate of inheritance (Erbschein) may be necessary for banks or land registry matters.
• Inheritance Tax: Germany imposes inheritance tax on beneficiaries, with exemptions and tax rates depending on the relationship to the deceased and the value of the estate.
• Foreign Citizens and Assets: Special rules may apply to non-Germans or those with assets abroad, including potential choice of applicable law (EU Regulation 650/2012).

Frequently Asked Questions

What are the legal requirements for a valid handwritten Will in Tübingen?

A handwritten Will must be written in the testator’s own handwriting, include the date and place of writing, and be signed at the end. Typed or printed documents are not accepted unless notarized.

Do I need a notary to write a Will?

No, but using a notary (Notar) is advisable for complex cases or added legal certainty. Notarial Wills are stored officially and reduce risks of loss or contestation.

What is a joint Will (gemeinschaftliches Testament)?

A joint Will allows married couples or registered civil partners to make common testamentary dispositions, usually in a single document, such as a “Berliner Testament.”

Can I exclude my children or spouse from inheriting?

While you may exclude statutory heirs, close family members (children, spouse, parents) are entitled by law to a compulsory share (Pflichtteil) of the estate.

What happens if I die without a Will in Tübingen?

If you die intestate, the estate is distributed according to German statutory succession rules, prioritizing close relatives as specified in the BGB.

Is a foreign Will valid in Germany?

A foreign Will can be recognized, but must comply with German law or international agreements applicable in your case. Legal advice is recommended to ensure validity.

How is inheritance tax calculated?

Inheritance tax (Erbschaftsteuer) depends on the value of the inheritance and the beneficiary’s relationship to the deceased. Spouses and children have higher exemptions than others.

How can I update or revoke my Will?

You can create a new Will that expressly revokes all previous Wills, or destroy older Wills. Notarily registered Wills require formal revocation procedures.

What is a certificate of inheritance (Erbschein)?

An Erbschein is an official legal document proving who the heirs are. It may be necessary for certain transactions, such as accessing bank accounts or transferring real estate.

Where should I store my Will?

Handwritten Wills should be kept in a safe, accessible location, ideally deposited with the local probate court (Amtsgericht). Notaries automatically register Wills with the central registry.

Additional Resources

For further information or support with Will & Testament matters in Tübingen, consider contacting:

• Amtsgericht Tübingen (Local Probate Court): Handles Will deposit and inheritance processes.
• Notarkammer Baden-Württemberg: Chamber of Notaries providing information on notaries' services.
• Stadt Tübingen (City of Tübingen): Offers guidance on legal and administrative matters for residents.
• Deutscher Anwaltverein (German Bar Association): Provides lawyer search and general legal information.
• Bundesnotarkammer (Federal Chamber of Notaries): Central registry for Wills and information on notarial acts.
• Consumer advice centers (Verbraucherzentrale): Offer public guidance on inheritance and testamentary issues.

Next Steps

If you require legal help with Will & Testament matters in Tübingen, you should:

1. Identify your needs: Consider your personal and family situation, assets, and goals.
2. Collect relevant documents: Gather identification papers, proof of assets, existing Wills, marriage or partnership certificates, and other relevant legal papers.
3. Seek professional advice: Make an appointment with a local lawyer (Rechtsanwalt) or notary (Notar) specializing in inheritance law.
4. Discuss your wishes clearly and ask about implications for statutory heirs and inheritance tax.
5. Ensure your Will is clearly written, legally valid, and stored safely, ideally with official registration or deposit.
6. Review your Will regularly, especially after significant life events such as marriage, birth of children, or acquisition of property.

Taking these steps ensures your last wishes are respected and can help prevent legal complications for your heirs in the future.