Inheritance law Augsburg
Inheritance Law in Augsburg – Your solicitor for wills, statutory shares and inheritance disputes
In addition to grief, an inheritance often raises complex legal issues – ranging from the statutory share and the interpretation of wills to the distribution of the estate. As a law firm based in Augsburg, we advise heirs, disinherited parties and testators alike. Only around a quarter of Germans have a will – without a last will and testament, statutory succession applies, which rarely reflects the testator’s actual wishes. We provide clarity.
Intestacy and Wills – Your Estate Planning in Augsburg
In the absence of a will, succession follows the statutory rules under the German Civil Code (BGB): the spouse and children are heirs of the first degree, with the share depending on the matrimonial property regime. In the most common scenario – the community of accrued gains – the spouse inherits half, and the children share the other half. In Augsburg, we can advise you on the best way to plan your estate so that your assets are distributed according to your wishes.
Statutory share – your entitlements even if you are disinherited
Anyone excluded from the succession by a will retains their right to a compulsory share (Section 2303 of the German Civil Code). The compulsory share amounts to half of the statutory inheritance and constitutes a purely monetary claim against the heirs. In Augsburg, we enforce claims to a compulsory share – and defend heirs against excessive claims for a compulsory share.
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Inheritance Law Check
Find out in just a few steps what inheritance rights or obligations you have.
Renunciation of inheritance and the community of heirs – taking the right steps following a death
Not every inheritance is a blessing. Over-indebted estates, disputes amongst the heirs and unclear liabilities call for swift and considered action. In Augsburg, we can advise you on whether accepting or renouncing the inheritance is the right course of action.
Renunciation of inheritance – time limits and formal requirements
A declaration of renunciation of inheritance must be made to the probate court within six weeks of becoming aware of the opening of the succession (Section 1944 of the German Civil Code). The declaration must be made in a form certified by a public authority – either in person at the probate court or through a notary (Section 1945 of the German Civil Code). If the deadline is missed, the inheritance is deemed to have been accepted – including all debts. If there is a mistake regarding the value of the estate, it is possible to contest the acceptance.
Community of heirs – settlement of the estate and action for partition
Where there are several heirs, they form a community of heirs (Section 2032 of the German Civil Code) and administer the estate jointly. Any co-heir may demand the division of the estate at any time. If the heirs cannot reach an agreement, legal action for partition remains an option – in the case of property, this may lead to a compulsory sale by auction. In Augsburg, we negotiate viable settlement agreements and, where possible, avoid the need for court proceedings.
Inheritance tax and lasting power of attorney – planning ahead
In addition to legal estate planning, tax considerations and planning for your future play an important role. In Augsburg, we can advise you on tax allowances, gifting strategies and planning documents.
Inheritance tax – making the most of tax allowances
Inheritance tax allowances are graded according to the degree of kinship: spouses inherit up to €500,000 tax-free, children up to €400,000, and grandchildren up to €200,000. These allowances also apply to gifts every ten years – strategic gift planning during one’s lifetime can significantly reduce the tax burden. The tax rate ranges from 7% to 50%, depending on the degree of kinship and whether the allowance is exceeded.
Power of attorney for healthcare and living will
A lasting power of attorney enables a trusted person to manage your affairs in an emergency – without the need for court-appointed guardianship. A living will sets out your medical wishes should you be unable to express them yourself. Both documents should be drawn up in writing and, ideally, notarised. We can draw up your end-of-life documents and ensure they are aligned with your estate planning.
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Further information
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This information does not constitute legal advice in individual cases.
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