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To ensure that you are always up to date, you will receive occasional notifications about important court rulings as well as legal commentary and notes from our experts on this page. Please be aware that the original language of our news content is German. While we strive for accuracy, automated or manual translations may occasionally contain errors. If any part of a ruling or commentary is unclear, do not hesitate to reach out to us for direct advice.
Land charge simplifies real estate financing - foreclosure threatens in the event of default
Anyone who wants to fulfill their dream of owning their own house or apartment usually has to take out a loan. To protect themselves against payment defaults, banks and financing insurers generally have an enforceable land charge entered in the land register. If the loan cannot be repaid in accordance with the contract, the land charge allows the property to be foreclosed under certain conditions without prior...
When is the right to inheritance forfeited? Ineligibility to inherit only in the rarest of cases
If there is a serious dispute between parents and adult children, or if the father and mother feel permanently neglected in their twilight years, they sometimes consider their own offspring unworthy of inheritance. However, the legislator has set the hurdles for accepting unworthiness of inheritance much higher than many people believe. Even voluntarily dropping out of education or choosing a...
Expansion of notarial online procedures
The current range of online notarial procedures in Germany will be expanded on August 1, 2023: With immediate effect, unanimous shareholder resolutions such as amendments to articles of association or capital measures at a limited liability company (GmbH) can also be certified online. Registrations in the register of associations are now also possible digitally. „This marks the next milestone in the digitization of the notarial profession,“ says Prof. Dr. Jens Bormann, President of the Federal Chamber of Notaries, welcoming the...
When heirs are in financial difficulties - a will for the needy prevents third parties from accessing the inheritance
Many people want to leave something of value to their descendants so that they will have a better life later on. However, if the heirs are in debt, have gone bankrupt, or are receiving social assistance, concerned parents often turn to a notary. A so-called "will for the needy" with testamentary execution and preliminary and reversionary inheritance can prevent creditors from gaining access to the estate. To this end...
When making a will, also consider the case of separation - succession remains in place until divorce or new arrangement
When married couples separate, they generally do not want to leave anything to each other in their wills. However, divorce is only possible after a minimum of one year. If one of the former partners dies during this period, the legal right to inheritance remains. Legal inheritance rights only become invalid once the divorce application has been filed and the conditions for divorce have been met. Married couples should therefore consider the inheritance implications of a...
How you are fully protected at all times - All important powers of attorney at a glance
A fatal accident or serious illness can happen to anyone—even at a young age. In such cases, it is by no means automatic that the spouse or a close relative will take over legal matters on behalf of the person affected. This makes it all the more important to make provisions at an early stage. Principals can grant persons they trust comprehensive decision-making powers in the event of an emergency or prolonged absence, which even extend beyond...