Posts by Notar Sawade

On January 1, 2024, the law governing civil law partnerships (GbR) will be comprehensively reformed. There is a need for action for companies with real estate ownership or company participations. The GbR should be registered in the new company register. What purpose does the register serve? And when is there an obligation to register? "The company register provides information on who is a shareholder and may represent the company....

More and more people are no longer able to make decisions about their own personal and financial affairs due to illness, accidents or disability. Currently, around 1.3 million people in Germany are looked after by a court-appointed guardian. If you want to retain your self-determination in the event of care, you should make provisions for this while you are still healthy and...

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...

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...

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...

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 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...

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...

When a close relative or good friend passes away, grief takes center stage. But what happens to their estate? Without proof, heirs cannot dispose of the deceased's real estate or bank deposits. If the deceased did not make provisions in a notarized will or inheritance contract, the surviving dependents need a certificate of inheritance to assert their claims against third parties, especially authorities...