German pension balancing – special questions 5

German pension balancing – special questions 5

German pension after divorce, special question: What if I get married again? The video gives a short answer: 

If you have a query concerning German pension after divorce, do not hesitate to contact us here.

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

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

German pension balancing – special questions 4

German pension balancing – special questions 4

German pension after divorce – is there a constellation when the share is reduced or zero? The video gives short information: 

If you have an issue with German pension after divorce from your ex-spouse you can get into contact with us here. 

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

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

German pension balancing -special questions 3

German pension balancing -special questions 3

What happens to my claim, if the ex marries again? The video gives a short, clear answer. 

You can contact us here, if you have a query concerning your possible claim to pension after divorce in Germany. 

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

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

German pension balancing – special questions 2

German pension balancing – special questions 2

What is the legal situation, if ex dies after divorce? The videos gives a short answer: 

If you have a query concerning German pension balancing, you can contact us here

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

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

Pension balancing in Germany – special questions 1

Pension balancing in Germany – special questions 1

The video gives answer to the question, what is the situation, if the divorce took place a long time ago.

 

If you have a query concerning German pension after divorce, you can pick up contact here.

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

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

German Pension after divorce – fourth constellation

German Pension after divorce – fourth constellation

The video describes a situation when you have the right to claim a share of your ex´s pension after divorce, no matter where and according to which law you got divorced – as long as your ex paid into the German pension funds during your marriage.

 

If you have a constellation like this you should get into contact with us here

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

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

Pension rights balancing – third case

Pension rights balancing – third case

Pension rights balancing – third case. The series of video describes the constellations when you have a right to get a share – usually 50 % – of the pension your ex acquired in Germany.

If you have a constellation like the one described in the video, you should write us an email: germanlawyer@email.de

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

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

260 billion € will be inherited in Germany in 2017

260 billion € will be inherited in Germany in 2017

The German magazine „Der Spiegel“ recently published an article about the wealth that goes from generation to generation in Germany this year. Statistics calculate that  260 billion € will be inherited in Germany in 2017. An incredible amount of money. The article says it would be enough to finance all kindergartens, school and universities in Germany.

But no matter how impressive the number seems, inheriting is not only about money. It is about losing a person. Forever. The person might be a loved one, maybe hated, but always a human being. Leaving a hole, meaning a loss. 

And more often than not the inheritance case offers a lot of difficulties, emotional, psychological and legal.

And very often even over the open grave do the heirs  – would-be, potential or real – start fighting over the inheritance. Old wounds are opened, new ones are inflicted.

The articles by Der Spiegel does not even touch upon the difficulties heirs have in cross-border inheritance cases. This seems to be a field with little expertise, though it offers a lot of challenges – problems that are very special and usually go beyond what purely „national“ experts dispose of. And here we do not speak about language problems only. 

If you need an experienced expert for International Inheritance Law with whom you can communicate properly in English, you find our availabilities here

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

 

 

German pension rights balancing – second case

German pension rights balancing – second case

German pension rights balancing – second case – the video describes another constellation when you can have the right to get a share of German pension rights. 

If you have an issue with German pension rights after your divorce, you can contact us here

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

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

German pension rights balancing – first case

German pension rights balancing – first case

German pension rights balancing – first case: the video introduces the first constellation.

 

If you think you might have a right towards the pension your husband acquired in Germany during the marriage, you can contact us here

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

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

Inheritance case of Australian citizen in Germany

Inheritance case of Australian citizen in Germany

Here we can practically repeat what we said before about what happens with the inheritance case after the death of an American or Canadian citizen in Germany: 

If an Australian citizen dies in Germany, the decisive question as to which inheritance law to apply, is whether the testator (the Australian citizen in question) was a habitual resident to Germany. 

Since the EU Regulation No 650/2012 on – among others – applicable law in matters of inheritance entered into force on 17. August 2015 the general rule is that the Law of the State has to be applied in which the deceased had his habitual residence at the time of death, Article 21 of the Regulation. 

This general rule finds a „universal application“ with a maybe quite surprising result: 

It does not matter at all, which nationality the testator – the deceased – had, whether that was an „EU-European“ or „European, but NON-EU“, „EU – but not GB, Ireland and Denmark“ (these three countries do not take part in the application of the named regulation) or – as in our case: An Australian citizenship. 

German inheritance law will be applied universally to everyone who has his/her habitual residence in Germany. Of course the same is true for France: who has habitual residence in France will have French law applied to his/her estate, In Portugal its Portuguese law and so on. 

There is of course one exception: If the testator left behind a last will governing validly the law to be applied, then this law is relevant. 

If the Australian citizen was „just“ a tourist or on business in Germany, but had her/his habitual residence in Australia, then the law of inheritance of his/her home-state has to be applied.

Whether German inheritance law will be applied to the parts of the estate that are still in the Australia, if an Australian citizen with habitual residence in Germany died in Germany, cannot be decided here. This is not a matter of German or European law, it is to be decided by the foreign law. 

If you have an issue in German inheritance law, you can pick up contact with us here. We support you in your case all over Germany – in English. 

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

Inheritance case of Canadian citizen in Germany

Inheritance case of Canadian citizen in Germany

If a Canadian citizen dies in Germany, the decisive question as to which inheritance law to apply, is whether the testator (the American citizen in question) was a habitual resident to Germany. 

Since the EU Regulation No 650/2012 on – among others – applicable law in matters of inheritance entered into force on 17. August 2015 the general rule is that the Law of the State has to be applied in which the deceased had his habitual residence at the time of death, Article 21 of the Regulation. 

This general rule finds a „universal application“ with a maybe quite surprising result: 

It does not matter at all, which nationality the testator – the deceased – had, whether that was an „EU-European“ or „European, but NON-EU“, „EU – but not GB, Ireland and Denmark“ (these three countries do not take part in the application of the named regulation) or – as in our case: A Canadian citizenship. 

German inheritance law will be applied universally to everyone who has his/her habitual residence in Germany. Of course the same is true for France: who has habitual residence in France will have French law applied to his/her estate, In Portugal its Portuguese law and so on. 

There is of course one exception: If the testator left behind a last will governing validly the law to be applied, then this law is relevant. 

If the Canadian citizen was „just“ a tourist or on business in Germany, but had her/his habitual residence in the USA, then the law of inheritance of his/her home-state has to be applied.

Whether German inheritance law will be applied to the parts of the estate that are still in Canada, if a Canadian citizen with habitual residence in Germany died in Germany, cannot be decided here. This is not a matter of German or European law, it is to be decided by the foreign law. 

If you have an issue in German inheritance law, you can pick up contact with us here. We support you in your case all over Germany – in English. 

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

 

Inheritance case of American citizen in Germany

Inheritance case of American citizen in Germany

If an American citizen dies in Germany, the decisive question as to which inheritance law to apply, is whether the testator (the American citizen in question) was a habitual resident to Germany. 

Since the EU Regulation No 650/2012 on – among others – applicable law in matters of inheritance entered into force on 17. August 2015 the general rule is that the Law of the State has to be applied in which the deceased had his habitual residence at the time of death, Article 21 of the Regulation. 

This general rule finds a „universal application“ with a maybe quite surprising result: 

It does not matter at all, which nationality the testator – the deceased – had, whether that was an „EU-European“ or „European, but NON-EU“, „EU – but not GB, Ireland and Denmark“ (these three countries do not take part in the application of the named regulation) or – as in our case: A US-American citizenship. 

German inheritance law will be applied universally to everyone who has his/her habitual residence in Germany. Of course the same is true for France: who has habitual residence in France will have French law applied to his/her estate, In Portugal its Portuguese law and so on. 

There is of course one exception: If the testator left behind a last will governing validly the law to be applied, then this law is relevant. 

If the American citizen was „just“ a tourist or on business in Germany, but had her/his habitual residence in the USA, then the law of inheritance of his/her home-state has to be applied.

Whether German inheritance law will be applied to the parts of the estate that are still in the USA, if an American citizen with habitual residence in Germany died in Germany, cannot be decided here. This is not a matter of German or European law, it is to be decided by the foreign law. 

If you have an issue in German inheritance law, you can pick up contact with us here. We support you in your case all over Germany – in English. 

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

 

 

German testament – written with one´s own hand

German testament – written with one´s own hand

As I have written here on this website several times, a German private testament has to be handwritten. No word should be printed, not to speak about using samples from the internet, just print them and fill them in. Best way to write a totally invalid testament. 

A German private testament has to be hand-written, from A to Z, from the first letter to the last.

But not by anyone: it has to be written by the testator – with his/her own hand.

And the testator has to be „uninfluenced“ when writing. This is what the High Regional Court of Hamm decided in a judgement some years ago and which has been practice in German jurisdiction, before and ever since. 

In the case decided by the Court, the testator was being helped writing the testament, the hand was „led“ – because he was so fragile due to his old age, he would not master to write the full text by himself.

„Invalid testament“ was the ruling by the Court. The testator has to be totally independent in his/her writing. Any considerable help – apart from maybe holding the paper or passing the pen – makes the testament invalid.

But – might one say – what if the testator is so weak help is just needed otherwise there is not going to be a testament?

Then call a notary. When there is profound reason, a notary will come to the house, apartment or hospital of the respective person to put down the person´s last will. 

Don´t risk anything here – there is hardly anything as frustrating as a testament fully mirroring the last will of the testator, but invalid for formalities or avoidable mistakes.

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

Német ügyvéd

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

Found a testament – act quickly!

Found a testament – act quickly!

If you have a situation that a person close to you deceased and you find a testament, you should act quickly.

Everyone who finds a last will has the obligation to deliver it to the competent authority dealing with the probate procedure. In Germany this is usually the probate court (in Baden-Württemberg in 2017 still it could also be the notary). 

But acting quickly is also necessary. Because it could be that there is another, older testament that is already with the court. And this could mean that this testament will be officially „opened“ by the court and delivered to the – alleged – heir. Who could then proceed with this testament. If it is erected before a notary, the other person could go to the bank, to the land registry and make use of it. 

This needs to be prevented. Otherwise you will be in the position to „run after your money“ – which might be difficult, expensive and under certain circumstances even in vain. 

So the moment you find a testament, you should contact a competent lawyer. You will give you precise advice as to what to do. Don´t waste time – you might have to regret it. 

If you need English-language support to your case, you find all contact details here

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