Estate planning · Germany
Find the right estate planning lawyer in Germany
German succession law is codified in the Bürgerliches Gesetzbuch, and the decisions you take now shape what your family receives later. We match you with a lawyer who drafts wills, inheritance contracts and lifetime property transfers under German law. Describe your case and get matched free of charge.
- Wills, inheritance contracts and compulsory shares
- Lawyers admitted in Germany and bound by BRAK conduct rules
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Estate planning · Germany
Estate planning in Germany: what a specialist lawyer actually does
German succession law is codified in the Bürgerliches Gesetzbuch, and it protects close relatives in ways that surprise many international families. If you die without a will, the statutory order of succession decides who inherits; if you write one, descendants, a surviving spouse and, in some cases, parents may still claim a compulsory share (Pflichtteil) under Section 2303 BGB. Property adds another layer, because contracts to transfer land must be recorded by a notary and ownership passes only on registration in the Grundbuch. An estate planning lawyer in Germany maps your assets, your family situation and any cross-border element, then structures a will, an inheritance contract or a lifetime transfer that fits German law. We match you with a lawyer who handles exactly that.
Country rules
How estate planning works in Germany
Estate planning in Germany sits at the meeting point of the Civil Code, notarial practice and the land register. These are the country-specific rules that shape how a German will, inheritance contract or lifetime transfer is built.
Succession law under the Bürgerliches Gesetzbuch
German inheritance law is codified in the Civil Code (Bürgerliches Gesetzbuch, BGB) and applied by the ordinary civil courts, from the local court (Amtsgericht) up to the Federal Court of Justice in Karlsruhe. Federal law generally prevails over the legislation of the sixteen states, so the framework you plan under is broadly the same across the country.
The compulsory share (Pflichtteil)
Under Section 2303 BGB, descendants, a surviving spouse or registered partner, and — where there are no descendants — the parents keep a compulsory share even if a will excludes them. It is a monetary claim against the heirs worth half the value of their intestate share, so no testator can disinherit these relatives entirely. Section 2305 BGB adds a supplementary claim where a will leaves less.
Matrimonial property and the surviving spouse
Spouses who marry without a contract are automatically in the Zugewinngemeinschaft (community of accrued gains) under Section 1363 BGB: each keeps their own assets during the marriage, and the gain accrued during the marriage is equalised on divorce. The same regime shapes what a surviving spouse takes on death. Separation of property or community of property must be agreed in a notarised marriage contract.
Real property: notarisation is mandatory
Every contract by which a party undertakes to transfer or acquire ownership of land must be recorded by a notary under Section 311b(1) BGB. A contract concluded without that form is void under Section 125 BGB and is cured only if the conveyance (Auflassung) and registration subsequently take place. Notarisation covers ancillary agreements, and the notary must advise on the legal implications.
Grundbuch registration and good faith
Ownership of German real property passes only through two acts: the agreement on transfer (Auflassung), declared before a notary under Sections 873 and 925 BGB, and registration of the new owner in the Grundbuch kept by the local court (Grundbuchamt). Registration has constitutive effect, and the register enjoys public faith, so its entries are presumed correct and a good-faith purchaser is protected.
Costs, fees and legal aid
Court fees follow the Court Fees Act (GKG) on a fixed scale tied to the amount in dispute, while lawyer fees follow the statutory Lawyers’ Remuneration Act (RVG), which fixes a rate for each procedural step, so fees are predictable and largely independent of hours worked. Advisory assistance (Beratungshilfe) and legal aid for proceedings (Prozesskostenhilfe) may cover costs subject to an income test.
Key time limit — Inheritance, Probate & Wills
Succession (disclaimer of inheritance) — 6 weeks. An heir who does not want the estate must declare the disclaimer within this period, counted from learning of the succession.
The country data on this page is taken from official sources — the German gesetze-im-internet portal, the Bundesrechtsanwaltskammer and the EU e-Justice portal — and checked in June 2025.
- German justice system — European e-Justice Portal
- Legal aid in Germany — European e-Justice Portal
- Bundesrechtsanwaltskammer (BRAK)
- Section 78 ZPO — representation before the courts
- Section 1363 BGB — community of accrued gains
- Section 2303 BGB — compulsory share
- Section 311b BGB — notarisation of land contracts
- Grundbuch and transfer of ownership — Verwaltung Bund
- Section 195 BGB — standard limitation period
- Section 1944 BGB — disclaimer of inheritance
Common concerns
What clients bring to us before they call a lawyer
Most estate planning questions in Germany start with a family expectation that meets a legal rule.
The family assumes the will decides everything
In Germany a will cannot simply remove descendants or a surviving spouse from the picture. Many families only discover the compulsory share after the death, when the estate is already being distributed and relations are strained.
Property, notaries and the land register
Transferring a German property during your lifetime or on death involves notarisation and entry in the Grundbuch. Missing a formal step can leave an agreement void and your arrangements unenforceable when it matters.
Assets in Germany, family elsewhere
If you hold German assets while living abroad, the questions multiply: which law your adviser applies, who signs before the notary, who registers the transfer, and how a German court reads the documents you leave behind.
How we help
Matching you with the right German estate planning lawyer
You describe the situation once; we propose lawyers who actually work in this field.
Specialists, not generalists
We work with lawyers whose daily practice covers succession and estate planning, so you speak to someone who drafts wills and inheritance contracts as routine work rather than an occasional favour.
Admitted German lawyers
Every lawyer we propose is admitted in Germany and is a compulsory member of their regional Rechtsanwaltskammer, coordinated by the federal BRAK, and is bound by the professional conduct rules.
Free matching, no obligation
Describing your case costs nothing and commits you to nothing. You review the matched lawyers and decide for yourself whether to instruct one and on what terms.
Clear expectations on cost
German lawyer fees usually follow the statutory RVG scale, so you can ask for a realistic figure before you commit. Where means are limited, advisory assistance or legal aid may be available.
Also available in
Cross-border estate planning across Europe
German assets are often held by families based in another country. We also match clients with lawyers in these jurisdictions.
Questions and answers
Estate planning in Germany: frequently asked questions
Do I need a notary for estate planning documents in Germany?
For contracts that transfer or acquire ownership of land, notarisation is mandatory under Section 311b(1) BGB, and a contract concluded without that form is void. A marriage contract that changes the statutory matrimonial property regime must also be notarised. Whether other documents require a notary depends on the instrument you choose, so a lawyer should advise on the specific form.
What is the Pflichtteil and who can claim it in Germany?
Under Section 2303 BGB, descendants, a surviving spouse or registered partner, and — where there are no descendants — the parents keep a compulsory share if a will excludes them. It is a monetary claim against the heirs equal to half the value of their intestate share. Where a will leaves less than that share, Section 2305 BGB provides a supplementary claim.
How does the Zugewinngemeinschaft affect what my spouse inherits?
Spouses who marry without a contract are in the community of accrued gains under Section 1363 BGB. Each keeps their own assets during the marriage, but the gain accrued during the marriage is equalised on divorce, and the regime also affects the surviving spouse’s inheritance share on death. A notarised marriage contract can replace it.
How much does an estate planning lawyer in Germany cost?
German lawyer fees usually follow the statutory Lawyers’ Remuneration Act (RVG), which fixes a rate for each procedural step based on the value in dispute, so the figure is predictable rather than purely hourly. Court fees follow the GKG scale. If you cannot afford the costs, Prozesskostenhilfe and Beratungshilfe may be available subject to an income test.
How long do I have to disclaim an inheritance in Germany?
A disclaimer of inheritance carries a deadline of six weeks under German law. Because the period is short and the decision has to be taken while a family is still grieving, it is worth speaking to a lawyer as soon as you learn that you have been named as an heir.
Can I disinherit my children completely in Germany?
Not entirely. If descendants are excluded by a will, they keep a compulsory share under Section 2303 BGB, which is a monetary claim against the heirs equal to half the value of their intestate share. A will can still direct who receives the assets themselves, but it cannot remove that claim.
Next step
Tell us about your estate and we will match you
Describe your situation in a few lines: where your assets are, who is in your family, and what you want to achieve. We match you with an estate planning lawyer in Germany who handles cases like yours, and the first response usually arrives within 24 to 48 hours.