Choice of Law: The EU Succession Regulation
Since the introduction of the EU Succession Regulation, an estate is generally governed by the laws of the country where the deceased had their last habitual residence. This can lead to unexpected outcomes—for instance, if a German national spends their retirement permanently abroad.
DR. SCHMIDT LEGAL assists you in achieving legal clarity through a targeted choice-of-law clause in your will. This ensures that foreign legal provisions, which may conflict with your personal wishes or established German succession laws, are not applied.
Structuring Assets Abroad in Your Will
Integrating property abroad into a German will requires meticulous care. The primary objective is to draft provisions so they remain compatible with the legal structures of the target country.
The goal of such planning is to determine in advance which documents (such as the European Certificate of Succession) will be required to ensure the heirs remain capable of acting. A neutral legal review of the available options helps to make future procedures abroad transparent and legally secure for your heirs today.
Planning for the Unexpected: Wills and Powers of Attorney
A will drafted in Germany is not automatically implemented in every country without complications. Local formal requirements or mandatory forced heirship rights in the country where the property is located can hinder the enforcement of your wishes.
Through proactive legal drafting of wills and lasting powers of attorney, we aim to ensure that your representatives remain capable of acting even in cross-border scenarios. This secures an orderly transfer of your assets according to your individual requirements.
Important Note on International Consultancy
DR. SCHMIDT LEGAL provides legal advice exclusively on German law. In cross-border matters, our focus lies on structuring according to the EU Succession Regulation and coordinating the overall planning. We do not provide binding legal advice on foreign substantive law (e.g., local real estate or tax law). Where necessary, we recommend and coordinate collaboration with qualified correspondent lawyers in the respective target country.