header-logo header-logo

UK-German probate: process & pitfalls

25 March 2022 / Bernhard Schmeilzl
Issue: 7972 / Categories: Features , Profession , Wills & Probate
printer mail-detail
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 may increase the risk of conflicting interpretation by (competing) executors,

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure...

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS
Law school partners with charity to give free assistance to litigants in need
Magic circle firms, in-house legal departments and litigation firms alike are...
Walkers and runners will take in some of London’s finest views at the 16th annual...
Law school partners with charity to give free assistance to litigants in need
Could the Labour government usher in a new era for digital assets, ask Keith Oliver,...
back-to-top-scroll