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25 March 2022
Issue: 7972 / Categories: Legal News , Wills & Probate , International , Brexit
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NLJ this week: UK-German probate

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Key points for understanding UK-German probate

Where probate cases involve considerations in both the UK and Germany, various hurdles may be encountered and costly mistakes made. Writing in this week’s NLJ, Bernhard Schmeilzl, co-founder of Graf & Partners, a boutique law firm specialising in UK-German legal matters, offers some valuable advice.

Schmeilzl highlights 11 common issues when drafting a will or applying for probate. He writes: ‘The typical advice given by English solicitors is to set up a separate independent will for the German assets. This is, however, rarely the best solution, because the existence of various wills may increase the risk of conflicting interpretation by (competing) executors, probate judges and the respective national tax authorities.’

Moreover, there are some considerable differences in approach between the two jurisdictions. For example, ‘German law does not apply the concept of a personal representative. Instead, in Germany the heirs (Erben) inherit the estate directly and immediately upon the death of the testator. There is no administration period.’

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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