We have considerable experience in handling the collection of UK assets if the Deceased died in Germany.
Unfortunately, the German legal system is very different to that of the UK, which means that an application to reseal the probate papers issued in Germany is not possible in the UK. Instead, an application needs to be made in the UK, for Grant of Probate
Under German probate law the “Erben” (in most cases the “Erben” are the beneficiaries of the residuary estate) become owner of the deceased's estate upon his or her death by operation of German law.
German Inheritance In the UK
Unlike in the UK, there is basically no administration of the estate by a personal representative and the Erben have the right to administer the estate. The certificate of inheritance states the identity of the “Erben” (but not of beneficiaries of the specific gifts or statutory forced heirs) and their respective share in the estate (§ 2353 BGB) as well as any limitations to administer the estate, which may result from the appointment of an executor (“Testamentsvollstrecker”) in a will (§ 2364 BGB). If an executor (“Testamentsvollstrecker”) is named in the will, he administers the estate and his right to administer the estate is proven by a certificate of administration (“Testamentsvollstreckerzeungnis”).
If the collection of UK assets is required then a number of documents will be required for the application to the UK probate registry including all the German legal paperwork fully translated together with an affidavit of foreign law from a German Lawyer confirming the legal position of the deceased’s assets according to German Law.
Specialist UK Solicitor experienced in helping German Clients
We can help with all aspects of the probate process in the UK, please contact Tim Murden on 00 44 1482 638 564 or by e-mail at firstname.lastname@example.org