Inheritance Law in Berlin – Germany
Expert Legal Advice for Expats, International Families, and Foreign Nationals in Germany
German inheritance law is complex—especially if you live here as an expat or have family ties, assets, or roots in more than one country. The good news: you don’t have to face these challenges alone. Attorney Dr. Markus Wessel, based in Berlin-Charlottenburg, is your trusted contact for all matters concerning inheritance, wills, international succession, and disinheritance.
Why You Should Consider Making a Will in Germany
While taxes are certain and hard to ignore, many people put off dealing with their will—especially when living abroad. But postponing this decision can leave your family facing legal uncertainty or even financial loss.
Under EU regulations, the inheritance law of your last habitual residence applies—not the law of your nationality. This often surprises many international families. Whether you are married, in a registered partnership, or living together as a couple in Germany, a legally valid will under German law ensures that your wishes are respected, your assets are protected, and unnecessary taxes or legal disputes are avoided.
Real-life Examples:
- You have been living with your partner in Berlin for years, but you are not married. Without a will, your partner would have no legal right to inherit, despite the life you have built together.
- You own property in Germany and a vacation home in Spain. Without proper estate planning, your family could face tax and legal complications.
- You have children from a previous marriage and want to ensure that both your new partner and your children are fairly provided for. A will helps you create a balanced solution.
What Happens Without a Will?
If you do not make a will, the rules of statutory inheritance (according to Sections 1922 ff. of the German Civil Code (BGB) or the Succession Act in Ireland) apply automatically:
- For married couples without children, the surviving spouse inherits the entire estate if no parents or siblings of the deceased are still alive.
- For married couples with children, the spouse receives half of the estate, while the other half is divided equally among the children. This applies under the default matrimonial property regime of community of accrued gains (Zugewinngemeinschaft), which applies automatically in Germany unless otherwise agreed in a notarized contract.
- Unmarried and childless individuals leave their estate to their parents—if they are deceased, siblings or more distant relatives inherit.
The law always considers the closest legal relatives—regardless of whether you have a personal relationship with them or not.
If you live separated but are not legally divorced, your estranged spouse remains your legal spouse and inherits the statutory spousal share—regardless of your personal wishes.
Unmarried couples need to be particularly cautious. Even if you have children, share a home, or a joint Netflix account, your partner has no legal right to inherit anything, except for jointly owned property.
If a single person dies and has a surviving parent, the parent inherits everything. If there are no children or parents, the estate passes to the state, which may actually be beneficial if the estate carries debt.
If the deceased owned a family business, both legal and tax advice are essential to preserve the business and secure its value.
Parents of a child with disabilities may wish to provide for their child without losing access to government benefits. Setting up a testamentary trust or appointing an executor is a helpful solution.
You may also wish to leave a specific gift or legacy to someone. A legacy gives the beneficiary the right to claim a specific item or amount of money from the estate.
Choosing the right executor can be crucial—someone who is organized, assertive, and legally informed. This could be a lawyer or another trusted person who has received appropriate legal advice.
Have You Inherited Property in Germany? – We Handle the Entire Estate Administration for You
If you have been named as an heir or co-heir and the estate is located in Germany, we can take care of the entire estate administration for you—so you don’t have to worry about a thing.
Whether it’s real estate, bank accounts, company shares, or personal belongings—our experienced inheritance law firm represents heirs and heir communities worldwide in handling estates in Germany. Our services include:
- Communicating with banks, authorities, and land registries
- Obtaining certificates of inheritance and other legal documents
- Clarifying tax issues and filing inheritance tax declarations
- Representing you in dealings with co-heirs, compulsory heirs, or creditors
- Managing property sales and transfers
- Handling all communication in both German and English
No matter whether you live in Europe, the USA, Canada, Australia, or Asia—we ensure a smooth process, even without your physical presence in Germany.
Real-life Examples:
- You live in the United States, and your uncle in Germany has passed away naming you as an heir. We manage everything—from obtaining the certificate of inheritance to transferring your share to your bank account.
- You are a co-heir of a property in Berlin but live in Australia. We represent your interests with the co-heirs and handle the sale without the need for you to travel to Germany.
- You have a compulsory share claim in Germany but don’t know how to enforce it. We help you assert your rights against the heirs.
International Legal Advice You Can Rely On
- Drafting German and international wills
- Advising on tax implications and asset structuring
- Securing inheritance rights for life partners and family members
- Protecting children and vulnerable beneficiaries
- Avoiding legal pitfalls in cross-border estates
- Complete estate administration for heirs worldwide
- Representing clients in inheritance disputes and court proceedings
Whether you wish to leave assets in Germany or have inherited property yourself—Dr. Wessel provides clear legal guidance in both English and German, available in-person or fully remote.
Contact Dr. Markus Wessel – Your Lawyer for Inheritance Law in Germany
Schedule a non-binding consultation to discuss your situation—in person in Berlin or online worldwide.
Simply call us at +49 (0)30 985 12 411 or contact us via our online contact form.
We look forward to helping you with inheritance, succession, or disinheritance matters in Germany—securely and professionally.
Frequently Asked Questions about Inheritance Law in Germany
How does inheritance work in Germany without a will?
Without a will, the statutory inheritance rules under the German Civil Code (BGB) apply.
What happens if I live in Germany but have a different nationality?
EU rules apply the law of your last habitual residence, not the law of your nationality.
How can I secure my partner if we are not married?
You can appoint your partner as your heir through a legally valid will.