Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
The applicable law is, in principle, determined by the deceased’s nationality. If the deceased is a foreign national, it is necessary to check which law would be applied in his/her country of origin; this law will then be applied in Germany. However, the inheritance of real estate located in another country may, depending on the circumstances, be governed by the laws of that country.
All foreign nationals may choose German law as the law applying to all real estate located in Germany. This results, however, in a “division of the succession” if the remainder of the deceased’s estate (real estate abroad, personal property) is governed by another legal system.
Detailed information
Which criteria are used to determine the applicable law?
If no international convention applies, the inheritance is governed by the law of the nationality of the deceased at the time of his/her death (art. 25, par. 1er Act introducing he BGB = Einführungsgesetz zum BGB EGBGB). If the deceased had several nationalities, German nationality takes precedence. In the absence of this, the law of the State with which the deceased had the closest ties applies (art. 5, par. 1er EGBGB).
The possibility of a transfer under the rules on conflicts of foreign laws must be taken into account. If it is referred to German law, the German material rules apply (art. 4, par. 1er EGBGB).
Which principles govern the choice of applicable law?
An applicable law can only be chosen if it relates to real estate located in Germany and it has the form of a testamentary provision (art. 25, par. 2 EGBGB).
What are the main international agreements in force?
German-Persian Agreement of 17 February 1929
Turkish-German Consular Agreement of 28 May 1929
German-Soviet Consular Agreement of 25 April 1958, BGBl II 1959, 233 (art. 28, par. 3)
