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German probate court cannot force heirs to give address of other heirs

German probate courts are obliged to inform persons involved in an inheritance case – heirs, those entitled to compulsory share, legatees – about the fact of the death-case and to serve them the essential documents. These are for example the testament, the record of its opening.

But what if the court does not know the whereabouts of these individuals – which is often the case, when they live abroad and/or have not kept contact with the testator.

The persons known to the court, particularly the heirs, are obliged to serve these data. 

But what if they refuse to do so?

Unfortunately German law does not foresee the necessary instruments with the court to force those persons to give addresses and known data to the court.

Often heirs are reluctant to do so hoping the others will never get to know about the fact that they inherited.

This is why it is vital that if you are in such situation, you are proactive and involve a competent lawyer. S/he will report your involvement to the court and will give the German address of his/her office to the court. This is the easiest way for you to stay informed and make sure you get what is yours. 

If you are in such situation, we are happy to represent you all over Germany. You find all our availabilities here

Dr. Donat Ebert
Rechtsanwalt – Lawyer (HU, D)

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