Key Focus Areas
- —Will drafting and inheritance agreements (Erbvertrag)
- —Compulsory portion claims (Pflichtteilsansprüche)
- —Certificate of inheritance (Erbschein) and estate administration
- —Inheritance disputes and estate partition (Erbauseinandersetzung)
- —Contestation and interpretation of wills
- —Cross-border inheritance law DE-LU
- —Business succession
- —Durable power of attorney (Vorsorgevollmacht) and living will (Patientenverfügung)
Will Drafting: Precautions for Contingencies
A well-drafted will prevents disputes and ensures that your wishes are executed even after your death. We advise you on the creation of individual and mutual wills (gemeinschaftliche Testamente) as well as inheritance agreements (Erbverträge). In doing so, we take into account tax aspects, compulsory portion rights (Pflichtteilsrechte), and special family situations—particularly in cross-border cases between Germany and Luxembourg.
- —Individual will and mutual will (gemeinschaftliches Testament)
- —Inheritance agreement (Erbvertrag)
- —Prior and subsequent inheritance (Vor- und Nacherbschaft)
- —Executorship of wills (Testamentsvollstreckung)
- —Tax-optimized estate planning
Compulsory Portion (Pflichtteil): Minimum Participation in the Estate
Close relatives who have been disinherited generally have a claim to the compulsory portion (Pflichtteil)—half of the statutory share of the inheritance in monetary form. We enforce compulsory portion claims and defend heirs against excessive demands. We also examine gifts made within the last ten years that may increase the compulsory portion.
- —Calculation of the compulsory portion
- —Compulsory portion supplementation claim for gifts (Pflichtteilsergänzungsanspruch)
- —Information claims against heirs (Auskunftsansprüche)
- —Waiver of compulsory portion (Pflichtteilsverzicht)
Inheritance Disputes and Estate Partition (Erbauseinandersetzung)
When heirs cannot reach an agreement, a lengthy and costly legal dispute threatens. We represent heirs in estate partitions (Erbauseinandersetzungen), in the contestation of wills, and in disputes regarding estate administration. Our goal is always a swift and economically sound solution—whether through negotiation or, if necessary, through judicial enforcement.
- —Contestation of wills and inheritance agreements
- —Partition of co-heir communities (Erbengemeinschaften)
- —Estate administration and estate insolvency
- —Certificate of inheritance (Erbschein) and European Certificate of Succession
Cross-Border Inheritance Law DE-LU
Anyone living in Germany with assets in Luxembourg—or vice versa—faces special inheritance law challenges. Since the EU Succession Regulation (EuErbVO), the law of the last habitual residence generally applies. We advise cross-border commuters (Grenzgänger) and international families on estate planning and administration in both countries.
- —EU Succession Regulation (EuErbVO)
- —Choice of law in the will
- —European Certificate of Succession
- —Estate administration in DE and LU
Frequently asked questions
Do I have to draw up a will with a notary?
No. A handwritten will is legally valid if it is written entirely by hand and signed. However, a notarized will has advantages: It is stored more securely, does not need to be deposited with the probate court (Nachlassgericht), and replaces the certificate of inheritance (Erbschein).
When do I have to disclaim the inheritance?
The disclaimer period is six weeks from knowledge of the succession—three months in cases involving foreign countries. We recommend acting immediately and contacting us in the event of over-indebted estates.
What is the difference between the compulsory portion (Pflichtteil) and the statutory share of inheritance (Erbteil)?
The share of inheritance (Erbteil) is the portion of the estate that an heir receives based on the will or statutory succession. The compulsory portion (Pflichtteil) is a monetary claim for close relatives who have been disinherited—it amounts to half of the statutory share of inheritance.
Does German inheritance law also apply to assets in Luxembourg?
Since 2015, the EU Succession Regulation generally applies: the law of the testator's last habitual residence is decisive. Anyone living in Germany is therefore subject to German inheritance law—even for assets in Luxembourg. However, the law of nationality can be chosen in the will.
Initial assessment
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