Trans-mortem Power of Attorney (transmortale Vollmacht)

Under German law it is possible to grant a trans‐mortem power of attorney (Vollmacht über den Tod hinaus oder transmortale Vollmacht) or even a post-mortem power of attorney (postmortale Vollmacht) to another individual or legal entity. A trans-mortem power of attorney remains effective after the death of the principle and the attorney-in-fact may still represent him. In many cases, the document by which the power of attorney is granted, explicitly states that the power of attorney remains effective after the principle`s death. However, even if it is not stated in the document, it may remain effective after the decedent`s death, as, according to § 672 seq. BGB a mandate (and the respective power of attorney) does not end in case of doubt.