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. I am Martin Reichelt, a lawyer in Dresden, providing knowledgeable and empathetic advice on all matters of inheritance law — from proactive estate planning to the enforcement of your claims in the event of a death.

Whether you wish to draw up a will, need to claim your compulsory portion or find yourself in a disputed community of heirs — I will support you competently and goal-orientedly. Also in combining inheritance law and Family law — for instance in the case of a divorce involving a joint will — you benefit from having both areas of law handled by me.

Solicitor for Inheritance Law Dresden — My Specialisms

Wills and inheritance contracts

Proactive estate planning avoids later disputes and legally secures your last will and testament. I advise you on the creation 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 disputes over interpretation after the inheritance case. I ensure legally secure, unambiguous phrasing and take account of tax-planning options such as the optimal use of tax-free 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 share of the estate and is strictly a monetary claim against the heirs. I can assist 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 jointly manages the estate. The law provides for a community of co-heirs — no single co-heir can dispose of individual estate assets on their own. In practice, this frequently leads to significant conflicts. I advise 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 co-heirs. It governs in a binding manner which co-heir receives which estate assets and whether balancing payments are to be made. Without notarisation, the contract is only valid if no real estate is involved — otherwise, Section 311b of the German Civil Code (BGB) prescribes the notarised form. As your solicitor for inheritance law in Dresden, I will draft the distribution 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 management measures — such as the maintenance of a probate property or the termination of a tenancy agreement — require the consent of the majority based on shares in the estate (Section 2038(2) of the German Civil Code (BGB)). Extraordinary measures, such as the sale of a plot of land, however, require the consent of all co-heirs. In cases of urgent emergency management, an individual co-heir may also act alone, but must inform the others without delay. I represent you in conflicts regarding management 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). I will realistically assess your prospects of success and represent you in the avoidance proceedings — even if a medical expert opinion is required.

The decisive factor for the success of a will contestation is the Burden of proofAnyone contesting a will must prove the grounds for the contest. In cases of testamentary incapacity, this usually means that a psychiatric or neurological expert opinion must be obtained, which reconstructs the testator's state of mind at the time the will was drawn up. Medical records, nursing reports and witness statements are used for this purpose. I work closely with experienced experts and systematically prepare 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 — such as through serious illness, an accident or dementia. Without an effective lasting power of attorney, the guardianship court will appoint a statutory legal guardian, who may not correspond to your wishes. I also advise you on these matters, which are closely linked 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).

When planning an estate (drawing up a will), costs can also be agreed as a fixed fee or an hourly rate. For court proceedings, the German Lawyers' Compensation Act (RVG) applies. I will inform you transparently in advance about the expected costs — so that you know what to expect right from the start.

Please note: A Legal protection insurance usually does not cover inheritance disputes. Check your policy or speak to me about it.

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 for general information purposes and does not replace individual legal advice. For advice tailored to your situation, please contact me — your probate solicitor in Dresden.