Inheritance cases across national borders present a legal challenge. Since the EU Succession Regulation, the last place of residence, rather than the passport, often determines inheritance, with surprising consequences for widows and children.
As Lawyer(s) specializing in international inheritance law We support you not only in the event of a dispute, but also in the proactive planning phase. Will drafting, To avoid conflicts and bureaucratic hurdles abroad from the outset. In the event of inheritance, we ensure that heirs can act quickly and enforce their claims, in Germany as well as in Spain, Italy, Austria and Switzerland.
To gain access to bank accounts and real estate, you need the right document for the right country.
Choosing the right document determines the duration and cost of the process:
We will apply for the European Certificate of Succession (ECS). This document saves you time and money, as it is recognized in almost all EU countries (except Denmark and Ireland) without expensive translations or apostilles. It allows direct access to accounts and the transfer of ownership in the land register. or perhaps the certificate of inheritance is right
Here, the ENZ is often ineffective. We coordinate the complex processes for you. Recognition procedure on site or request specific Certificates of inheritance (Certificate of Inheritance) to ensure your legitimacy.
It is often unclear whether a will exists abroad or whether an old will has been revoked by a new disposition made at a holiday destination. We support you in your research in international matters. will registers and correspond with foreign notaries and courts to locate wills and apply for their opening.
The Existence of multiple wills Cross-border inheritance cases involving multiple countries are not uncommon. We carefully analyze any resulting conflicts to achieve a solution that serves our clients' interests and to legally implement the testator's true last will and testament.
A standard German will may be invalid abroad. We ensure its validity.
While the EU Succession Regulation and the Hague Convention on the Form of Wills often recognize wills if they comply with the law of the place of execution, in practice foreign banks or land registries often do not accept handwritten German wills without judicial confirmation.
We will check whether your will meets the requirements. Formal requirements of the destination country It corresponds and adapts to avoid later blockages.
The law regarding compulsory inheritance varies extremely worldwide.
Resolve conflicts and secure assets early.
When co-heirs live abroad or the assets are spread across multiple countries, disputes are almost inevitable. We represent you in these matters. Settlement of the community of heirs, negotiate and, if necessary, enforce the sale of foreign real estate (extension of wills) in order to dissolve the community.
To reduce high inheritance taxes or compulsory share claims, a lifetime transfer (Gift) might be useful. However, we carefully examine whether Inheritance contracts or whether promises of gifts are even permissible in the destination country (often problematic in France/Italy or Spain) and create contractual solutions that are valid across borders.
To enforce their last wishes on site.
The best last will and testament is useless if no one on site carries it out. We take over or accompany the process. Executorship of wills abroad.
Avoidance of double taxation through an expert network.
Inheritance law is not tax law. With assets located abroad, there is often a risk of multiple countries claiming the same estate. Furthermore, there are only a few Double Taxation Agreements (DTAs) in inheritance tax law (e.g. with the USA, France, Switzerland, Greece).
We don't calculate taxes, we develop the legal strategy. In close collaboration Coordination with specialized tax advisors (Your own or from our network) we examine instruments for avoiding double taxation.
The goal: We ensure that opportunities for Credit for foreign inheritance tax The full amount available on your German tax liability will be used to minimize your financial burden.
The European Certificate of Succession (ECS) is the preferred method for proving assets within the EU (except Denmark and Ireland). It saves time and money compared to national certificates of inheritance, as it is automatically recognized in other member states as proof of heirship.
This often occurs with assets in third countries (e.g., USA, Canada, Australia). While Germany wants to assess the entire estate according to one legal system, the other country applies different laws to real estate within its territory (immovable property) its own right. This creates two separate estates with different rules.
This is possible under certain circumstances (e.g., when moving to specific US states). The Netherlands and parts of Spain also have limited inheritance rights. However, this requires precise legal planning to avoid accusations of abuse of rights.
Unlimited wealth requires cross-border legal certainty. Whether you want to draw up a will with an international aspect, have problems with an inheritance community or need a European Certificate of Succession – we make you able to act.
Arrange a consultation now to secure your inheritance.
Kaiser-Friedrich-Ring 7
40545 Düsseldorf
Tel: 0211 / 550 84 35-0
Fax: 0211 / 550 84 35-1
E-Mail: info@gottschalk-erbrecht.de
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