German-American Estate Planning
Services
We advise German-American families, Americans living in Germany, and Americans with assets in Germany on German-American estate planning, taking into account the tax consequences (estate planning). Our services include:
- Reviewing existing Wills and trust documents;
- Drafting German Wills and coordinating the German Will with the U.S. estate plan;
- Advising on the German inheritance (Erbschaftsteuer), German gift tax (Schenkungsteuer), and their interplay with U.S. federal estate tax;
- Advising on the impact of the U.S.-Germany Estate and Gift Tax Treaty and the U.S.-Germany Income Tax Treaty;
- Advising on lifetime transfers to mitigate the German inheritance and gift tax;
- Advising on the structuring of U.S. Wills and trusts to mitigate German inheritance and gift tax;
- Preparing a living Will (Patientenverfügung) and Health care proxy (Vorsorgevollmacht).
Planning tools include, for example
- Testament (Will);
- U.S. trusts;
- German trust equivalents;
- Joint bank accounts (Gemeinschaftskonten);
- Joint tenancy (Gesamtgut mit Anwachsungsrecht);
- German payable on death account (Vertrag zu Gunsten auf den Todesfall);
- German transfer on death accounts (Vertrag zu Gunsten auf den Todesfall);
- Foreign payable on death accounts and transfer on death accounts;
- Life insurance policies (Lebensversicherungsverträgen);
- Retirement account (Altersvorsorgepläne);
- Annuities (Rentenversicherungen);
- (revocable) Lifetime gifts (Schenkungen) with or without retained life estate (Nießbrauch);
- Chain Gifting (Kettenschenkung).
In-Person Consultation and Remote Consultation
We typically provide advice via remote communication (Zoom, telephone, e-mail). We offer in-person consultations in Berlin and Munich.
Cooperation with US lawyers for estate planning
We are happy to work together with our clients' American estate planning lawyer. If you don't yet have a lawyer in the U.S., we can also recommend an estate planning attorney in many States.
Questions and answers
When does German inheritance law apply?
For all persons dying after August 16th, 2015, German courts will apply, with regard to all questions pertaining to the estate of a person, the European Succession Regulation (Europäische Erbrechtsverordnung). These rules and their interaction with U.S. conflict of laws are explained in the article “Determination of the Law Applicable to German-American Estate Matters”.
Does the European Succession Regulation also govern the applicable tax laws?
No. The Germany-U.S. Estate and Gift Tax Treaty determines whether Germany or the U.S. (or both) may tax the inheritance.
Does German inheritance law apply to the estate of a U.S. citizen?
If a U.S. citizen's last habitual residence (gewöhnlicher Aufenthalt) was in Germany and he/she had not chosen “U.S. law”. German law governs succession of his worldwide estate.
How is a Will executed under German inheritance law?
Pursuant to § 2231 BGB, the testator can choose between the notarial will (Notarielles Testament) and the holographic will (eigenhändiges Testament).
Does Germany recognize U.S. Wills?
Germany has ratified the Hague Convention on the Form of Testamentary Dispositions. Thus, in most cases, there are no issues with respect to the formal validity of a U.S. Will.
Are Trusts recognized in Germany?
German law does not allow for the transfer of assets located in Germany to a trust. While U.S. assets can be held in trust, such may create tax issues if there is a nexus to Germany. For more information, please read our article U.S.-Trusts in German-American Estate Planning.
Does Germany have an estate tax?
Germany does not levy an estate tax (Nachlasssteuer).
Does Germany have an inheritance tax?
Yes, Germany has an inheritance tax (Erbschaftsteuer). For more information, please read our article German inheritance tax.
Do You have any Questions?
We look forward to assisting you. For the sake of simplicity and efficiency, we request that you use our contact form for your inquiry and describe the matter as clearly as possible. In addition, you can include relevant attachments. After submitting your inquiry, we will contact you either by telephone or e-mail within 2 working days. If we can assist, we will suggest a time and date for an initial consultation. Of course, you can also contact this firm or a particular attorney directly to make an appointment for a personal consultation or telephone consultation (find contact details here). Please be advised that no attorney-client relationship is created by sending us an email or filling out this contact form. For information on our fees, please click here.
Upon request, we offer consultation via Zoom. For general information on how to join an instant meeting through an email invite, please visit the Zoom website.
News
- Germany: Amendment to the Rules on the Taxation of Lifetime Benefits from Foreign tax-priviledged Retirement Assets
- Tax Court of Münster: Distributions upon the Termination of a Trust may be Subject to German Income Tax
- BFH: The Treaty does not prevent Germany from imposing Inheritance Tax on the Acquisition of a U.S. citizen beneficiary resident of Germany even if he has stayed no longer than 10 years in Germany
- German Federal Fiscal Court Ruling on Gift Tax triggered by Distributions from a Foreign Trust
- German Federal Fiscal Court: Assets titled in Trust to which the Grantor has reserved comprehensive Powers are to be considered owned by him for German Inheritance and Gift Tax Purposes
- Decicison of the German Federal Fiscal Court on the Taxation of Distributions from a 401(k) to Beneficiary in Germany