Posts by Admin

If you want to fulfill your dream of owning your own house or apartment, you usually have to take out a loan. To protect themselves against payment defaults, banks and financing insurers usually have an enforceable land charge entered in the land register. If the loan cannot be repaid in accordance with the contract, the land charge allows the property to be foreclosed without prior notice under certain conditions.

If there is a heated argument between parents and adult children or if the father and mother feel permanently neglected in their twilight years, they sometimes consider their offspring to be unworthy of inheritance. However, the legislator has set the hurdles for the assumption of unworthiness to inherit much higher than many believe. Even the self-inflicted abandonment of an education or the choice of a...

The current range of online notarial procedures in Germany will be expanded on August 1, 2023: From now on, unanimous shareholder resolutions such as amendments to the articles of association or capital measures at a GmbH can also be notarized online. Association register registrations are now also possible digitally. "This marks the next milestone in the digitalization of the notary's office," said Prof. Dr. Jens Bormann, President of the Federal Chamber of Notaries, welcoming the...

Many people want to leave something of value to their descendants so that they will be better off later. However, if the heirs are in debt, insolvent or receiving social welfare, worried parents often turn to a notary. A so-called indigent will with execution of the will and prior and subsequent inheritance can prevent creditors from gaining access to the estate. For this...

When married couples separate, they generally do not want to leave anything to each other. However, divorce is only possible after one year at the earliest. If one of the ex-partners dies within this period, the statutory inheritance entitlement continues to exist. The statutory right of inheritance only becomes ineffective once an application has been filed and the conditions for divorce have been met. Spouses should therefore consider the inheritance law consequences of a...

A fatal accident or serious illness can affect anyone - even at a young age. The spouse or a close relative will by no means automatically take over legal transactions on behalf of the person affected. This makes it all the more important to make provisions at an early stage. Powers of attorney can give people they trust extensive decision-making powers in the event of an emergency or prolonged absence, which can even go beyond...

When a close relative or good friend dies, the focus is on mourning. But what happens to the estate? Without proof, heirs cannot dispose of the deceased's real estate or bank assets. If the deceased has not made provisions with a notarized will or contract of inheritance, surviving dependants need a certificate of inheritance to prove their claims against third parties, in particular the authorities,...

If house or apartment owners transfer a property they use themselves to family members during their lifetime, they can reserve the right to live there. From then on, the transferors may live there rent-free. This is a personal right: shared use by another partner must be expressly permitted in the order. A further advantage in addition to the early...

Guardianship and care law was comprehensively reformed on January 1, 2023. The new Section 1358 of the German Civil Code gives spouses the right to represent each other in the area of healthcare in an emergency. However, this is subject to strict conditions, is limited to health matters and only applies for a maximum of six months. General powers of attorney and health care proxies create permanent and more comprehensive possibilities for action in this respect. Use...

If an entrepreneur is no longer able to do business due to a serious accident or sudden illness, they cannot simply be represented by their spouse. If a representative has not been appointed in good time and a power of attorney has not been granted, the company will be left without a manager, which in the worst case could mean ruin. In addition, instructions can be included in the power of attorney that...