How is Inheritance Law Handled for German Citizens Residing Abroad?

Question from joseph, How is Inheritance Law Handled for German Citizens Residing Abroad?

Answer from AI:

Inheritance law can be complex, especially when it involves international jurisdictions. In Germany, inheritance law is primarily governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB). However, it’s important to note that the specifics of an individual case, such as the inheritance of a war orphan and her siblings currently residing in Minneapolis, would require personalized legal advice.

General Principles of German Inheritance Law

In Germany, the law of the deceased’s nationality generally applies to their estate. This means that if the deceased was a German citizen, German inheritance law would apply, regardless of where the heirs live.

Key points of German inheritance law include:

• Automatic inheritance: Heirs become owners of the deceased’s estate immediately upon death, without the need for a court order or other formalities.
• Statutory succession: If there is no will, the estate is divided according to statutory succession rules. This typically means that the spouse and children inherit first.
• Compulsory portion: Certain close relatives, such as children, are entitled to a compulsory portion of the estate, even if the will states otherwise.

International Aspects

When German citizens reside abroad, things can get more complicated. The EU Succession Regulation, which Germany is part of, states that the law of the country where the deceased had their habitual residence at the time of death applies to the entire estate. However, a person can choose the law of their nationality to apply to their estate in their will.

Seeking Legal Advice

Given the complexity of international inheritance law, it’s strongly recommended to seek legal advice. A lawyer can help interpret the relevant laws, including the German Civil Code and the EU Succession Regulation, and apply them to your specific situation. They can also assist with practical matters, such as obtaining a certificate of inheritance (Erbschein), which is often required to administer the estate in Germany.

Please note that this information is a general overview and not a substitute for legal advice. Each case is unique and the laws can change, so it’s important to consult with a legal professional for the most accurate information.