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 … Weiterlesen …

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 … Weiterlesen …

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 … Weiterlesen …

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 … Weiterlesen …

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 … Weiterlesen …

What is Eidesstattliche Versicherung (declaration in lieu of an oath)?

What is Eidesstattliche Versicherung (declaration in lieu of an oath)? In German inheritance law if you apply for a certificate of inheritance, you have to describe the family relations of the testator – particularly in case of intestacy. This information is needed by the court to state who is the legal heir of the estate and … Weiterlesen …

How to get a certificate of inheritance in Germany?

How to get a certificate of inheritance in Germany? In order to get access to the estate and solve everything involved with that, in Germany you need usually a certificate of inheritance („Erbschein“).  There are many documents and pieces of information you need to give to the court competent for the administration of the estate after … Weiterlesen …

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