header-logo header-logo

25 March 2022 / Bernhard Schmeilzl
Issue: 7972 / Categories: Features , Profession , Wills & Probate
printer mail-detail

UK-German probate: process & pitfalls

75876
Bernhard Schmeilzl runs through some typical problems & costly mistakes when dealing with probate cases involving the UK & Germany
  • 11 common issues when drafting a will or applying for probate when the estate in question involves both UK and German considerations.

If an English testator owns assets in Germany, or if they decide to gift all or part of their estate to someone resident in Germany, a ‘standard’ English will does not adequately cover all the client’s needs. Foreign inheritance tax (IHT) consequences, for example, are often completely ignored, as is the fact that German law neither knows the concept of ‘personal representative’ nor recognises trusts. Standard common law estate planning techniques are thus likely to cause uncertainties, higher costs, longer probate proceedings, and may even produce unintended results with regards to the distribution of the estate.

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll