Testament lost – still valid

Testament lost – still valid

Usually if you refer to a testament favoring you and your position, you have to show the original.

But it can also happen that the original just cannot be found. German jurisdiction has stated several times that the mere fact that the original testament cannot be physically shown does not necessarily mean that the original was destroyed – and thus revoked. 

An original could have been put in a place that only the testator knows – some very „secret“ place  and later nobody will know about it. 

But obviously without the original it is very difficult to prove that the testament was formally valid for one thing, for another the content has to be proven.

Witnesses will be hardly enough for that. How would they be able to prove the exact wording of the testament?

If a testament was lost in its original, you will need a copy of it. A copy in good quality – which is necessary to make an expertise on the handwriting possible, if needed.

So if the original testament was lost, it does not mean that the whole case is lost. With a copy of the original you might have a fair chance for your cause. Without a copy, it is probably very hard case – but still not totally hopeless. In any case, you should contact an expert.

If you need support for your issue in English language, you find our availabilities here.

Német ügyvéd

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

Extract from land registry in Germany

Extract from land registry in Germany

There is a variety of constellations when need for an extract from land registry in Germany may arise: 

– Inheritance cases, when you need information about the estate.

– Execution of claims in Germany.

– Assessment of trustworthiness of a business partner. 

Unfortunately German law foresees quite restrictive rules concerning access to land registry.

You have to make plausible why you are entitled to get the information. The foundations of such „legal interest“ to get access to the extract from land registry has to be established by documents.

We will advise you as to how to get the information you need and – provided we meet the requirements – will also get then the necessary extract for you.

If you have such query, you may find our availabilities here

Dr. Donat Ebert
Rechtsanwalt – Lawyer (HU, D)
office-ebert@email.de

 

Extract from land registry in Hungary

Extract from land registry in Hungary

There is a variety why you might need an extract from land registry in Hungary:

– Hungarian estate case

– Information about Hungarian debtors

– Purchase of real estate in Hungary

And a large number of other cases.

We help you get an extract – be it an official one or – cheaper – an unofficial, yet trustworthy one.

What we need is the precise address or the number of the parcel.

Easiest is if you write a short email giving your data and the data of the premises. You can use the following email-address: 

hungarianlawyer@email.de

Or you find our details here

Dr. Donat Ebert
Rechtsanwalt – Lawyer
office-ebert@email.de

Grundbuchauszug aus Ungarn

Grundbuchauszug aus Ungarn

In vielfältigen Angelegenheiten kann es vorkommen, dass Sie einen Grundbuchauszug aus Ungarn benötigen:

– Forderungen gegen ungarisches Staatsbürger

– Forderungen gegen ungarische Unternehmen

– Ungarische Nachlassverfahren

– Erwerb eines Grundstücks in Ungarn

– Überprüfung der Glaub- und Kreditwürdigkeit ungarischer Geschäftspartner.

In welcher Konstellation auch immer, wie besorgen gerne für Sie den entsprechenden Grundbuchauszug.

Was wir benötigen sind eine Flurstücks-Nr. oder eine konkrete, präzise Adresse. Eine Abfrage nur aufgrund eines eventuellen Eigentümers ist Behörden, insbesondere Gerichtsvollziehern vorbehalten und für Rechtsanwälte nicht möglich. 

Wenn Sie ein Anliegen dieser Art haben, so schicken Sie uns am besten eine Mail unter: office-ebert@email.de.

Ansonsten finden Sie sämtliche Kontaktdaten hier.

Sprechen Sie uns an – wir helfen gerne.

Dr. Donat Ebert
Rechtsanwalt- Ügyvéd (HU, D)
office-ebert@email.de

 

What is a legacy in German Inheritance law?

What is a legacy in German Inheritance law?

The German Civil Code defines as follows: 

„Section 1939
Legacy

The deceased may by will give a material benefit to another person without appointing the other person as heir (legacy).“ 

(quoted after the official translation of the German BGB by the Federal Ministry of Justice, to be found here.)

This means that the heir(s) are „burdened“ with the obligation to give something to the legatee as the testator stated in his/her testament. 

Hence there is obviously no legacy without a valid last will. 

The legacy can practically consist of any asset that belongs to the estate. The testator could for example state that his favorite car should be his best friend´s.

The legatee then has the right to claim to have the property right of this special item of the legacy  transferred to him.

In case of doubt the accessories of the item are also due to be transferred to the legatee.

The beneficiary of a legacy can of course both accept or refuse the legacy. This has to happen towards the heir(s).

In practice we very often find with the situation that the heirs do not inform the legatee, either because they do not want to or because the persons is difficult to find. This situation offers a lot of legal problems. 

If you have an issue in German inheritance law, you can contact us here

Dr. Donat Ebert

Dr. Donat Ebert
Lawyer (D)
office-ebert@email.de

Handelsregisterauszug aus Ungarn

Handelsregisterauszug aus Ungarn

Wenn Sie einen Handelsregisterauszug aus Ungarn benötigen, so werden Sie sicherlich verschiedenen Schwierigkeiten begegnen.

Wo erhalten Sie diesen?

In welcher Sprache bekommen Sie den Auszug?

Und sicherlich nicht zuletzt: Wie verstehen Sie diesen – selbst wenn es Ihnen gelingt, einen solchen zu bekommen?

Wir besorgen für Sie die erforderlichen Informationen und erläutern Ihnen die Informationen.

Sprechen Sie uns an, Sie erhalten transparente Informationen und einen klaren Überblick über die Kosten.

Sie erreichen uns hier.  

Wir geben im Übrigen auch gerne Rechtsrat zu vielfältigen Problemen, die sich im Zusammenhang mit ungarischen Unternehmen ergeben. Zu unserem Tätigkeitsprofil gehört auch die Forderungsgeltendmachung in Ungarn, Einleitung von Insolvenzverfahren, Vollstreckung von deutschen Titeln – Urteilen, Beschlüssen etc. – in Ungarn.

Schildern Sie uns Ihren Fall – am besten in einer E-Mail und wir geben Ihnen verlässliche Auskunft. Dazu mag auch gehören, dass wir Ihnen einen Empfehlung für einen für Ihre Sache kompetenteren Kollegen abgeben. Wir können ja nicht alles können. Aber wir stehen dazu und sind unseren Mandanten gegenüber auch in dieser Hinsicht stets offen und ehrlich. 

Dr. Donat Ebert
Rechtsanwalt – Lawyer – Ügyvéd (HU, D)
office-ebert@email.de

Német szerzői jog angolul

Német szerzői jog angolul

A rövid videó elmagyarázza, hogy hol találja német szerzői jogról szóló törvény szövegét.

Ha van Önnek problémája a német szerzői joggla kapcsolatban, akkor itt tudja minket elérni.

Dr. Donat Ebert RechtsanwaltLawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt / Ügyvéd (HU, D)
office-ebert@email.de

 

Expiration of European certificate of inheritance

Expiration of European certificate of inheritance

The European certificate of inheritance is only valid for a certain period of time, which is usually six months. 

If justified, the period can be longer. When asking for such certificate, we usually apply for a longer period. In our practice a year is usually granted.

After expiration of the period granted in the first copy of the certificate, the issuing authority can give a new copy with an extension of the period. With the new rules being in force only since 17 August 2015, we do not have experience with such application, but are optimistic that German probate courts will not put too many obstacles, considering that administering an estate abroad is often not a quick thing to do. 

Sometimes the certificate has to be used in several different countries when we need more copies and more time to solve all legal questions caused by the inheritance case. Unfortunately the certificate has to be translated into the languages of the countries at hand, which can be quite costly and also time-consuming. 

If you have an issue with a cross-border inheritance case, you can contact us here

Dr. Donat Ebert
Rechtsanwalt- Lawyer (HU, D)
office-ebert@email.de

 

 

 

 

 

Criteria for habitual residence in cross-border inheritance cases

Criteria for habitual residence in cross-border inheritance cases

The EU-Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession – Regulation No 650/2012 makes the „habitual residence“ of the testator the sole link to the question which law is to applied. 

But how to decide which is the „habitual residence“ – particularly if you have a testator traveling across Europe or even the whole world, having real estate, rented flats, house and so forth. 

Criteria for deciding this question can be:

– Length and regularity of the testator´s stay at a certain place.

– The conditions and circumstances in the context of this place.

– Centre of life from social and family aspects.

– Maybe supplementary: Nationality and place of his/her assets.

A minimum stay at a certain place is not required. 

As the regulation itself states, deciding this question might be quite „complex“. 

What is very interesting and important is that the regulation places social and family connections over professional or economic binds. 

You do not have to be a prophet to predict that a lot of legal cases will turn around the question of the „habitual residence“ of the testator, when two different legal systems get to very different results.
 
If you have an issue in German or International Inheritance Law, do not hesitate to contact us here

Dr. Donat Ebert
Rechtsanwalt
Lawyer in D and HU
office-ebert@email.de

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

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)
office-ebert@email.de

Emergency will loses effect after 3 months

Emergency will loses effect after 3 months

In an article before we dealt with the conditions for a valid „emergency will“ in German inheritance law.

The aim of this instrument „emergency will“ is to get a valid testament, though the testator cannot write it himself/herself and officials in charge of certificating last wills are not available – due to the very acute danger of the testator´s near death.

With that in mind, it is only consequent, if German inheritance law says the „emergency will“ should lose its effect, if the testator survives the situation and gets into better health condition.

German law says this period is 3 months, during which the testator would have been able to erect a new testament. This period is suspended by the time when the testator is incapable of making a will before a notary. 

This means that in certain cases, periods of being in better conditions will be added up, even if interrupted by times of bad conditions, coma etc. This might be very difficult to prove and depends to a great deal on the records kept by the hospital. 

If you have an issue in German inheritance law, you find all our availabilities here

Dr. Donat Ebert
RechtsanwaltLawyer (HU, D)
office-ebert@email.de

 

Emergency will in German inheritance law

Emergency will in German inheritance law

It is often through terrible accidents that people get into hospital and are faced with the situation that their death might be close. Then they want to quickly render a last will, but due to their bad health condition are not able to do so by themselves. 

In such or similar situations – when the mayor or a notary cannot be reached quickly – German inheritance law foresees the possibility of a so-called „emergency will“.

What are the conditions for a valid „emergency will“?

– Three witnesses have to be present.

Death of the testator is close or all three witnesses are convinced that this is the case.

All witnesses are present and listen to the declarations by the testator.

– They are responsible that the will of the testator is written down.

– They are present when the declarations by the testator are read to him/her and convince themselves that the testator approves of them. 

If one of those conditions is not met, the „emergency will“ is invalid and we have a case of intestacy. 

If you have an issue in German inheritance law, you can reach us here or write an email: germanlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer 
office-ebert@email.de

 

 

Inventory about the estate in German inheritance law

Inventory about the estate in German inheritance law

As explained in an article before, there is a strong right to get information from the heirs, if you are entitled to a compulsory share. 

Upon your demand the heirs are obliged to give you an inventory of the estate.

But maybe there is reason to deeply mistrust the heirs – or they have given an inventory, but you do not find this very profound, trustworthy.

Then you can also ask – as a second step, but also right from the start – that the inventory should be given by a notary.

Notaries are in Germany (as probably in most countries where you find them) obliged to be neutral and they enjoy a great deal of trustworthiness. Usually they do not want to put that at stake which means that their inventories have high credibility.

Inventories put together by notaries take quite some time, but this waiting period is well invested, since it has a great deal more reliability than an inventory done by a private person. 

If you have an issue in German inheritance law, you can pick up contact with us here

Dr. Donat Ebert
Rechtsanwalt
Lawyer in D and HU
office-ebert@email.de

Costs of litigation in Germany 9

Costs of litigation in Germany 9

Costs of litigation Germany – the second instance. The video gives you an overview.

If you have an issue in Germany with a law-suit, we are ready to assist you in English. You can pick up contact with us here.

Dr. Donat Ebert

Dr. Donat Ebert
Lawyer (D)
office-ebert@email.de

Getting information from heirs in German Inheritance Law

Getting information from heirs in German Inheritance Law

If you are entitled to a compulsory share from the estate, it is absolutely vital to get information as to what does the estate comprise, how much is the value etc., but also were there any presents the testator made ten years before his/her death.

Very often the heirs are not willing to give full information, deny any or give wrong data.

You do not have to put up with this.

§ 2314 of the Civil Code gives you a clear right to get a full inventory of the estate from the heirs: 

„Section 2314
Duty of the heir to provide information

(1) If the person entitled to a compulsory share is not an heir, the heir must give him, on demand, information on the condition of the estate. The person entitled to a compulsory share may demand that he be called to participate in the drawing up of the inventory of the objects of the estate, in accordance with section 260, and that the value of the objects of the estate is determined. He may also demand that the inventory is drawn up by the competent public authority, or by a competent official or notary.“

(quoted from the official translation of the German Civil Code by the German Ministry of Justice.)

Of course since this is a strong right it can be enforced in a legal procedure before the competent court. Usually a serious letter by a lawyer demanding the inventory (usually giving a strict deadline as well) makes the heirs give the information, since they would not go into a court-case they are bound to lose. 

If you have a similar or any other issue in German inheritance law, you can contact us here

Német ügyvéd

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de