The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.
When a friend or family member passes away with German assets our team is able to quickly and efficiently assist with the administration of their estate, known as ‘die Nachlassabwicklung’. We can help with German legal services and those in almost every jurisdiction of the world.
Our clients’ experience a personal service; with a single lawyer being your main point of contact for the administration of assets in the UK, Germany (and where appropriate other jurisdictions), ensuring continuity, co-ordination across jurisdictions, cost-effectiveness and speed of administration.
The International and Cross-Border team is specialised in dealing with UK-German as well as multi-jurisdictional wealth planning matters, and we have a German-speaking member in the team.
Our costs are based on the time it takes it us to complete the work, rather than a percentage of the value of the estate, as we believe that this is a fairer way of charging our clients. We always provide our best estimate of the likely costs at the outset.
- Project managing the UK and German estate administrations, so that our clients only need a single point of contact.
- Assessing which succession laws apply to which assets.
- Analysing the nature and effects of any established UK estate planning structures under German tax and succession laws, and of any established German estate planning structures under English tax and succession law.
- Working with our preferred German lawyers to analyse what work needs to be completed in each jurisdiction.
- Calculating UK inheritance tax and submitting inheritance tax returns where appropriate.
- Applying for the grant of probate to cover the UK assets
- Co-ordinating and assisting with the signing of foreign succession documentation, to facilitate obtaining the German equivalents of a grant of probate, known as a certificate of executorship (‘Testamentsvollstreckerzeugnis’) and/or the certificate of inheritance (‘Erbschein’).
- Co-ordinating UK and overseas taxes to mitigate the consequences of double taxation, by applying statutory unilateral double taxation provisions.
- Ensuring UK and overseas assets are distributed to the correct beneficiaries under the UK and overseas laws.
- Advising upon and preparing deeds of variation, for the purposes of post death tax planning from a UK and international perspective.
- Arranging a funeral;
- Arranging repatriation to the UK;
- Selling the deceased’s properties.
- Amtsgericht - District court
- Apostille - Apostille/legalisation
- Ausgleichung – Adjustments of Advancements
- Eigenhändiges Testament - Holographic will
- Erbausschlagung – Disclaimer of Inheritance
- Erbengemeinschaft – Community of Heirs
- Erbschein - Certificate of inheritance
- Erbschafts- und Schenkungssteuer - Inheritance and gift tax
- Erbvertrag - Contract of inheritance
- Eröffnungsprotokol - Opening protocol
- Europäisches Nachlasszeugnis – European Succession Certificate
- Kapitalertragssteuer - Capital gains tax (CGT)
- Lebzeitige Übertragungen - Lifetime gifts
- Nacherbe – Subsequent Heir
- Nachlassabwickler - Personal representative
- Nachlassabwicklung - Estate administration
- Nachlassgericht - Probate court
- Nackteigentümer – Bare Owner in Usufruct
- Nießbraucher – Usufructuary
- Nottestament - Emergency will
- Öffentliches Testament - Public will
- Schenkung - Gifts
- Sterbeurkunde - Death certificate
- Testamentsvollstrecker - Executor
- Testamentsvollstreckerzeugnis - Certificate of executorship
- Unbedenklichkeitsbescheinigung - Transfer certificate
- Verfügung von Todes Wegen - In the event of intestacy/disposition
- Vermächtnis - Legacy
- Vermächtnisnehmer - Legatee (beneficiary under a will who is not an heir)
- Vollmacht - Power of Attorney
- Vorerbe – Preliminary Heir
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