# German inheritence law-confusing. Difficult.



## Blonid55 (11 mo ago)

Sadly my father a non German citizen passed away in Germany having lived there for 15 yrs.
He was separated from his second wife but not legally. She is of Asian origin.
He entered into a spousal will not understanding the limitations of this with no translator present leaving his half of the apartment to her and she being the sole heir. The document only only refers to the apartment as assets. It doesn't mention other assets though I would assume that's irrelevant. In this spousal will my fathers ex wife declares she has no other assets which is not ture as she owned property in a non EU country.

He later changed his will to leave all his assets to his children and made me executor of his will and entered this in a sealed envelope into the courts. Thinking this would invalid is spousal will.

Sadly his children now understand his most rect will is invalid as the spousal will takes president.( we are querying this with a lawyer who are very slow to respond).

I believe we are entitled to a forced share? The information available differes greatly to what % we are entitled to. 
My dad owns 50% of his apartment. Would our % be based on the apartments current value? And any idea what our share will be. I've read 1 sixth each?

Also-He has some saving in his bank accounts in Eire which he had before he married. Only I know about this. Does anyone know if his last will and testament takes priority in Ireland? Or would German inherirence law dictate. and if so does this mean his wife is entitled to this?


Finally my dad wife owns 2 properties in a non EU country. Can this be included in the overall estate?

Sadly this is a case of my dad fell in love and she fell in love with his money. She didn't even offer or was interested in paying towards his funeral- a cost I had to bare but my father is worth it.
I could really do with some guidance so I know how to prepare and questions to ask.


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## Bevdeforges (Nov 16, 2007)

What you are talking about sounds a bit more like the inheritance law in neighboring France. However, the German government has a page explaining German inheritance law as part of their Embassies in the US website here: https://www.germany.info/us-en/serv...aw, the,disposition in contemplation of death.

Regardless of where you and your siblings are, this might help to explain things a bit.


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## Blonid55 (11 mo ago)

Bevdeforges said:


> What you are talking about sounds a bit more like the inheritance law in neighboring France. However, the German government has a page explaining German inheritance law as part of their Embassies in the US website here: https://www.germany.info/us-en/service/inheritance-estate/922552#:~:text=According to German law, the,disposition in contemplation of death.
> 
> Regardless of where you and your siblings are, this might help to explain things a bit.


Thank you I've read this previously. The issue is the the spouse will. Sigh a bit if a shambles.


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## SA Feather (Jul 16, 2015)

I can only speak for the case that your dad is a german citizen. The sole heir as defined in the will/testament has the right to 50%, the other parties share the other 50%. 2nd wife and my dad were also separated.

My case:
Funds are (most likely) gone or invested in a house in another country in another name. Sole heir won't get any because she doesn't know about the will. 2nd wife won't get any because the won't know sole heir. She gets widow pension. 

Only once the sole heir officially received the 50%, I and the 2nd wife can claim (or find!) the other inheritance. The banks won't open up unless you present the Erbschein. (which you can't alone because you are not first in line). We lose 50% to the sole heir every time we find another stash of money.

I doubt that even with the testament in hand (and the sole heir in my other hand), that we find any trace of the money. Maybe with the 2nd wife in tow who might know where the funds are. 

So, best case 16,6% for me, because I have one sister. After fees, travel costs and bribes = ? 
16,6% for 2nd wife, after she has to leave 50% to her competition, helping to find the cash? Not going to happen.
Might even get only half of 25% sharing with my sister, because 2nd wife gets 25%. I forgot.

I secured some funds towards the end which paid for the funeral and care of the last place of rest (overseas).


Contact the last place of residence of your dad and the municipality (Amtsgericht) there will help you. Find someone speaking german.


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