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.’
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