Lawyer for inheritance law in Dresden

The loss of a loved one is a stressful situation. If this is compounded by inheritance law issues - inheritance disputes, claims to a compulsory portion or problems with the will - you need an experienced counsellor. Lawyer for inheritance law in Dresden. Lawyer Martin Reichelt provides you with expert and empathetic advice on all matters of inheritance law - from forward-looking estate planning to the enforcement of your claims in the event of an inheritance.

Whether you wish to draw up a will, need to claim your compulsory portion or are in a disputed community of heirs - Reichelt law firm will provide you with competent and goal-orientated support. Also in the combination of inheritance law and Family law - for example in the case of divorce with a joint will - you benefit from the firm's in-house expertise.

Lawyer inheritance law Dresden - Our specialisations

Wills and inheritance contracts

Forward-looking estate planning avoids later disputes and ensures that your last will and testament is legally secure. Attorney Reichelt advises you on the preparation of:

• Individual will: Handwritten or notarised will - formulation, storage and official safekeeping at the probate court
• Berlin will: Joint will for spouses with mutual appointment of heirs and final inheritance provision
• Inheritance contract: Binding agreement between testator and heirs, particularly useful for patchwork families or company succession
• Legacy: Allocation of individual items, sums of money or rights of use to specific persons
• Pre- and post-inheritance: Multi-level estate planning across generations, for example to protect the surviving spouse while at the same time protecting the family assets

A common mistake when drawing up a will: Unclear formulations lead to costly interpretation disputes after the inheritance. Attorney Reichelt pays attention to legally secure, unambiguous formulations and takes into account tax structuring options such as the optimal utilisation of allowances.

More on wills and inheritance contracts →

Mandatory portion and supplement to the mandatory portion

Even if you have been disinherited by a will, close relatives have a legal right to Right to a compulsory portion. This amounts to half of the statutory inheritance share and is purely a monetary claim against the heirs. Attorney Reichelt supports you with:

• Calculation of the compulsory portion: Determination of the value of the estate and the correct amount of the claim - including valuation of real estate and business interests
• Enforcement of the compulsory portion: Extrajudicial assertion and judicial enforcement, including the right to information pursuant to Section 2314 BGB
• Claims to a supplementary compulsory portion: In the case of lifetime gifts by the deceased within the last ten years prior to the inheritance
• Defence against claims to a compulsory portion: Representation of the heir against excessive compulsory portion claims
• Mandatory portion penalty clause: Advice on the design and effect of a Berlin will

Important: The right to a compulsory portion expires after three years from knowledge of the inheritance and disinheritance (§ 2332 BGB). Act in good time.

More on compulsory portion and calculation of compulsory portion →

Certificate of inheritance and probate proceedings

After the inheritance, important legal steps must be taken - often under considerable time pressure:

• Apply for a certificate of inheritance: Proof of inheritance status at the probate court - required for banks, land registry and insurance companies
• Inheritance: If the estate is overindebted (Deadline: 6 weeks!) - a missed deadline can lead to liability with your own assets
• Probate insolvency: Protection against personal liability in the event of an over-indebted estate
• Opening of the will: Proceedings before the probate court, verification of authenticity and validity
• List of estates: Preparation of a complete inventory of all assets and liabilities

Community of heirs

Several heirs form a Community of heirs, which administers the estate jointly. The law provides for joint ownership - no co-heir can dispose of individual items of the estate alone. In practice, this often leads to considerable conflicts. Attorney Reichelt advises you on:

• Settlement of inheritance: Complete division of the estate among the co-heirs by means of a settlement agreement
• Partition auction: Judicial auction of probate property if no agreement is possible
• Administration: Rights and obligations in the community of heirs - proper vs. extraordinary administrative measures
• Stratification: Elimination of individual co-heirs in return for compensation - often the most pragmatic solution
• Sale of inherited shares: Sale of one's own inheritance share to third parties or co-heirs

The Settlement agreement is the central instrument for dissolving a community of heirs. It bindingly regulates which co-heir receives which estate items and whether equalisation payments are made. Without notarisation, the contract is only effective if no real estate is involved - otherwise, Section 311b of the German Civil Code (BGB) prescribes the notarial form. As your lawyer for inheritance law in Dresden, Mr Reichelt drafts the settlement agreement in such a way that all tax and property law aspects are taken into account.

Particular difficulties arise with Administrative decisions within the community of heirs. Proper administrative measures - such as the maintenance of an estate property or the cancellation of a rental agreement - require the consent of the majority according to inheritance shares (Section 2038 (2) BGB). Extraordinary measures such as the sale of a property, on the other hand, require the consent of all co-heirs. In cases of urgent emergency management, an individual co-heir can also act alone, but must inform the others immediately. Mr Reichelt will represent you in conflicts over administrative decisions both out of court and in court.

Contesting a will

A will can be contested under certain circumstances. The most common grounds for contestation:

• Testamentary incapacity: The testator lacked legal capacity at the time of the deed - for example due to dementia, severe mental illness or heavy medication
• Forgery: The will was forged, manipulated or not written by the testator himself
• Mistake: The testator was in material error about the content of his disposition
• Threat or deception: The will was made under duress, fraudulent misrepresentation or undue influence

The contestation period is one year from knowledge of the grounds for avoidance (§ 2082 BGB). Attorney Reichelt realistically assesses your prospects of success and represents you in the contestation proceedings - even if an expert medical opinion is required.

The decisive factor for the success of a will contestation is the Burden of proofWhoever contests the will must prove the reason for the contestation. In the case of testamentary incapacity, this usually means that a psychiatric or neurological report must be obtained to reconstruct the testator's mental state at the time the will was drawn up. Medical records, care reports and witness statements are consulted for this purpose. Attorney Reichelt works closely with experienced experts and systematically prepares the relevant documents in order to maximise your chances of success.

Even in the case of suspected Forgery forensic expert reports - especially written expert reports - are often the decisive evidence. An experienced lawyer knows which experts are recognised by the Saxon courts and how the taking of evidence must be strategically prepared.

Healthcare proxy and living will

Comprehensive estate planning does not end with a will. Equally important is the Provision for the event of your own incapacity to act - for example due to serious illness, accident or dementia. Without an effective power of attorney, the guardianship court will appoint a legal guardian who may not fulfil your wishes. Attorney Reichelt can also advise you on these issues, which are closely related to estate planning.

The Healthcare proxy authorises a trusted person to act on your behalf - in property matters, health decisions and legal transactions. It should be issued in writing and notarised for property transactions. It is important that the authorisations are clearly defined: Can the authorised representative make gifts? Should the power of attorney extend beyond death (transmortal power of attorney)? The coordination between the power of attorney and testamentary dispositions in particular requires legal care to ensure that the documents do not contradict each other.

The Living will determines which medical measures are desired or rejected in certain situations - in particular in the event of unconsciousness or in the final stages of an incurable illness. It is binding for doctors and authorised representatives (Section 1827 BGB). In combination with the health care proxy and a well thought-out will, the living will forms the foundation of a complete legal provision. Talk to your Lawyer for family law and inheritance law in Dresden in order to harmonise all three documents.

Legal succession in Germany

If there is no valid will and no inheritance contract, the Legal succession in accordance with §§ 1924 ff. BGB. This depends on the degree of kinship to the testator:

Constellation	Share of inheritance (community of accrued gains)
Spouse + children	Spouse ½, children the other half in equal shares
Spouse + parents of the deceased	Spouse ¾, parents ¼
Children only (no spouse)	In equal parts
Spouse only (no 1st and 2nd degree relatives)	Entire estate

In the case of community of accrued gains (statutory matrimonial property regime), the spouse's inheritance share is increased by a further quarter (lump-sum equalisation of accrued gains). In the case of separation of property, the spouse inherits half in addition to one child and one third in addition to two or more children.

The legal succession rarely corresponds to the actual will of the deceased. Especially in Patchwork families, For unmarried couples or in the case of business assets, a will is strongly recommended.

Costs of a lawyer for inheritance law Dresden

The costs for inheritance law advice and representation are based on the Object value - i.e. the value of the estate or the disputed claim. An initial consultation is limited by law to a maximum of 190 euros net (Section 34 RVG).

In the case of estate planning (drafting a will), the costs can also be agreed as a flat rate or hourly fee. The German Lawyers' Fees Act (RVG) applies to court proceedings. Attorney Reichelt will inform you transparently in advance about the costs to be expected - so that you know from the outset what you can expect.

Please note: A Legal protection insurance does not usually cover inheritance disputes. Please check your policy or contact us.

Frequently asked questions about inheritance law

How long do I have to renounce an inheritance?

The cancellation period is six weeks from knowledge of the inheritance and his own appointment as heir (§ 1944 BGB). The deadline is six months for foreign inheritances. The waiver must be declared to the probate court - in writing or in notarised form. A missed deadline can only be contested under very strict conditions.

What does a certificate of inheritance cost?

The costs for a certificate of inheritance depend on the value of the estate. For an estate of 100,000 euros, the court costs are approx. 273 Euro (simple fee according to GNotKG). For 500,000 euros, this is approx. 935 euros. In addition, there may be costs for the affidavit.

Can I change my will at any time?

A Individual will You can revoke or amend your will at any time - by destroying it, revoking it or making a new will. In the case of a joint will (Berlin will), a change is generally no longer possible after the death of the first spouse (binding effect). An inheritance contract can only be cancelled by mutual agreement.

Do I have to pay inheritance tax?

There are generous allowances: Spouses 500.000 €, Children 400.000 €, grandson 200.000 €. Only the amount in excess of the tax-free amount is taxed. The tax rates are between 7 % and 50 %, depending on the tax bracket. Special exemptions apply to owner-occupied property.

What happens if there is no will?

The statutory succession then applies. This often means that the surviving spouse does not inherit the house alone, but forms a community of heirs with the children. Without a will non-marital partners are not entitled to inherit - they go away completely empty-handed.

Can I bequeath individual items?

Individual items are stored via a Legacy not through the appointment of an heir. The legatee does not become an heir, but has a claim under the law of obligations against the heirs for the return of the object.

This article is intended to provide general information and does not replace individual legal advice. For customised advice tailored to your situation, please contact your lawyer for inheritance law in Dresden - Martin Reichelt.