Succession Cases with Foreign Elements

Intestacy cases can often be governed by the German as well as the foreign succession laws which can complicate the implementation of the inheritors' rights and claims
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Cologne, AK ( November 1, 2012 - Cologne, Nordrhein-Westfalen ( prhwy ) October 31, 2012 - Intestacy cases can often be governed by the German as well as the foreign succession laws which can complicate the implementation of the inheritors' rights and claims.

GRP Rainer Lawyers Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, and Stuttgart elaborate: Nowadays, succession cases with foreign elements have become more often. Various reasons can be cited in this concern: Germany for instance, is home for many intestates of foreign nationalities. Besides, the rate of German nationals owning properties in foreign countries is increasing. Which law of succession is to be applied, is a matter of the nationality of the deceased at the time of death according to both the German and the international succession laws.

This must nevertheless be considered differently if the deceased had several nationalities. In this case, the law of the state with which the deceased had the closest ties applies; this in turn relies on where the intestates lived or on the course of their lives.

In order to prove their inheritance rights to German banks or land registries, inheritors need a certificate of inheritance, but German Probate Courts are only in individual cases responsible for issuing international certificates of inheritance. This is the case, for instance, when the German succession law is applied. Still this can cause many problems.

Even when it comes to inheritance taxes, certain particularities must be taken into consideration, such as succession cases in relation to foreign countries subjected to inheritance taxes according to the German succession laws. The taxation - issue regarding inherited properties taxed by foreign countries is still problematic. In order to avoid double -taxation, double - tax treaties have been signed with several countries like Greece and Switzerland. These treaties exempt certain goods and properties completely of the country's taxation: This is the so - called exemption method. In other cases, the treaties ensure deducting taxes paid in foreign countries from domestic tax liabilities: This is the so - called credit method.

Bequeathing and inheriting are way more than just legal matters; in addition to the legal facet of succession laws, succession is mostly about emotions and familial feelings. So, when a dispute occurs, you should seek qualified legal counsel. A lawyer working in the field of succession laws will stand by you with advice, he will help you to early clear the succession case. Even when it comes to inheritance issues, an experienced lawyer can point out possibilities and aid you enforce your rights.


Tag Words: attorney
Categories: Law

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GRP Rainer LLP
Michael Rainer
Hohenzollernring 21-23


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