International Estate Planning
Services
We advise international families and Germans with assets abroad on estate planning, taking into account the tax consequences (estate planning). If necessary, we work together with our partner law firms or our clients' personal advisors. Planning tools include, for example
- Testament (last will and testament);
- Foreign trusts;
- German trusts / 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);
- Retirment accunt (Altersvorsorgepläne);
- Annuities (Rentenversicherungen);
- Health care proxy (Vorsorgevollmacht);
- Living will (Patientenverfügung);
- (revocable) Lifetime gifts (Schenkungen) with or without retained life estate (Nießbrauch).
We take into account German inheritance (Erbschaftsteuer) and foreign death taxes. We also take into account foreign and German income tax.
In-Person Consultation and Remote Consultation
We provide In-Person consultation in Berlin. Otherwise, we provide advice via remote communication (Zoom, telephone, e-mail). If it makes sense for the matter to be dealt with in a personal meeting on site (which is sometimes appropriate for estate planning), we will let you know and look for a sensible solution (e.g., supplementary/leading local advice from a notary or lawyer).
Questions and answers
Does Germany recognize foreign 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 foreign Will.
Should a nonresident of Germany make a separate Will for his/her German assets?
While most foreign wills are recognized in Germany as valid as regards to form, it is often advisable to make a Will for the assets situated in Germany (situs will).
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: A legacy of German Real Estate is not subject to limited inheritance tax liability
- 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 Inheritance Tax: Tax-free Exemptions in 2023
- German Federal Civil Court: Application of English law can Violate German Public