Inheritance law in France

German-French inheritance law

Our German and French lawyers are specialists in inheritance cases with links to France (“French inheritance law”). We are characterized by

• Special qualifications (specialist lawyer for inheritance law, certified lawyers, German and French lawyers),
• Consistent specialization,
  many years of experience in German-French inheritance cases,
• Detailed knowledge of both legal systems,
• Competence in questions of German and French (inheritance) tax law,
• Language skills and
  academic engagement with questions of Franco-German inheritance law.

Franco-German inheritance law: Our services

Our lawyers and specialist lawyers for inheritance law provide comprehensive advice on the subject of “inheritance and bequests” in relation to France. Standard situations for our advice are in particular

• Inheritance in France: Non-contentious settlement of the estate in France
• Contentious probate proceedings and inheritance litigation in France
• Probate proceedings and litigation in German courts in relation to France
• Explanation of French inheritance tax
  German inheritance tax in relation to France
• Estate planning: wills, health care proxies and living wills
• Sale of the inherited property
• Buying real estate in France

Advice for private individuals, consultants, courts, banks and non-profit organizations

Our clients are mostly private individuals and come from all social groups. Some inherit a small apartment, others a magnificent estate.

In addition to private individuals, we also advise other advisors (e.g. tax consultants, lawyers, financial service providers), courts, banks, companies, foundations and non-profit organizations.

We advise clients throughout Germany, e.g. from Berlin, Potsdam, Magdeburg, Dresden, Leipzig, Dessau, Hanover, Braunschweig, Oldenburg, Osnabrück, Göttingen, Delmenhorst, Lüneburg, Hamburg, Kiel, Flensburg, Lübeck, Frankfurt am Main, Wiesbaden, Kassel, Darmstadt, Offenbach, Hanau, Gießen, Marburg, Fulda, Wetzlar, Munich, Nuremberg, Augsburg, Regensburg, Ingolstadt, Fürth, Würzburg, Erlangen, Bamberg, Landshut, Bayreuth, Aschaffenburg.

Advice on Franco-German inheritance law and real estate law in Germany

We advise in person in Berlin, Frankfurt, Hamburg, Munich and Paris. Otherwise, we provide advice by means of distance communication (telephone, e-mail) throughout Germany.

Do you have any questions about our services or the commissioning of our law firm?

We will be happy to help you. To make it as easy and efficient as possible for you and us to contact you, please use our contact form and describe your request. You can also attach documents. After sending your request, we will usually let you know within 2 working days whether we can help you and, if necessary, suggest a date. Of course, your request does not involve any obligations for you or us. You will find information on the costs of any initial or further advice under Costs.

French inheritance law or German inheritance law – which law is applicable in the event of an inheritance with links to France?

Applicable inheritance law in a Franco-German inheritance case

Applicability of the EU Succession Regulation

For inheritance cases from 17.08.2015, German and French courts determine the applicable inheritance law in accordance with the European Succession Regulation (EuErbVO).

The EU Succession Regulation only applies to succession by reason of death. It therefore does not apply to German or French inheritance tax. Also excluded from the scope of application is the registration of rights to movable or immovable property (real estate) in a register, including the legal requirements for such registration.

Applicable inheritance law – principle

As a rule, the last habitual residence of the deceased is decisive. In principle, habitual residence is determined by where the deceased had their family and social center of life at the time of their death.

The mere fact that a person is registered as a resident in France can at best be an indication of habitual residence.

For a change in habitual residence, it is therefore not necessary that the deceased had the intention to remain in the place or reside there permanently; nor is a minimum period required for the establishment of a new habitual residence.

Likewise, habitual residence does not automatically change if the deceased moved to another country to work for professional or economic reasons – possibly even for a longer period of time.

Ultimately, however, it always depends on a consideration of all the circumstances of the individual case.

Special rules for real estate in France

Under certain circumstances, special regulations in the law of a country in which certain immovable property is located apply to succession by reason of death. France has no such regulation.

Choice of law and fiction of choice of law

The testator is free to choose the law of the country in which he/she made his/her will or in which he/she resided at the time of death as the law applicable to the succession upon death.

If a will was drawn up before August 17, 2015 “in accordance with the law” that the testator could have chosen, this law is deemed to be the law applicable to the succession upon death.

Att. Prof. (GTU / Georgien) Dr. phil. Stephan J. Lang