German inheritance

whydoibother

My aunt passed away in Germany and her will is going to be open sometime next month.
I know I’m her heir but there’s this guy who was looking after her and he’s the one they called to open the will, he’s a guy who dealt with all her affairs because I’m living here in Ireland. What I don’t understand is how come I haven’t been called too for the opening of the will if I’m the heir?
He’s always been in touch with me but is this right that the will is going to be open and read without me being present?

Peregrinus

In Germany the "opening of the Will' is a legal proceeding in which a copy of the will is submitted to the Probate court, which then sends a certified copy of the will to all interested parties, including (obviously) the heirs named in the will. This is called the opening of the will because it is the opening of the proceedings by which the assets will be distributed to those entitled. SFAIK it doesn't involve any reading aloud of the will and the person who submits it to the court almost certainly already knows what's in it because he has already read it because why wouldn't he?

So think "step in bureaucratic procedure" rather than "ritual unsealing of a hitherto unread document".

Would you like to be present? You could just contact the guy and say that you'd like to come for the occasion. I doubt that he will object.

There are currently no COVID-19 travel restrictions that would impede you entering Germany.. On your return to Ireland, under current rules, you will have to complete a Passenger Locator Form and will be advised to self-isolate for 14 days. The need to self-isolate for a fortnight might make you think twice about how badly you want to attend the opening of the will.

Whether or not you go to the opening, you will need some advice on what steps you need to take in Germany to obtain effective control over the assets you have inherited, and also advice on your liablity for German inheritance tax. If the guy who has been looking after your aunt's affairs is her lawyer, he may offer (or expect) to do it. Have a think about whether you want him to do it, or would rather retain somebody else.

whydoibother

Wow! That’s great to know! Thanks so much for the info.
The guy is not a solicitor as such but he knows what’s in the will already.

Peregrinus wrote: »

In Germany the "opening of the Will' is a legal proceeding in which a copy of the will is submitted to the Probate court, which then sends a certified copy of the will to all interested parties, including (obviously) the heirs named in the will. This is called the opening of the will because it is the opening of the proceedings by which the assets will be distributed to those entitled. SFAIK it doesn't involve any reading aloud of the will and the person who submits it to the court almost certainly already knows what's in it because he has already read it because why wouldn't he?

So think "step in bureaucratic procedure" rather than "ritual unsealing of a hitherto unread document".

Would you like to be present? You could just contact the guy and say that you'd like to come for the occasion. I doubt that he will object.

There are currently no COVID-19 travel restrictions that would impede you entering Germany.. On your return to Ireland, under current rules, you will have to complete a Passenger Locator Form and will be advised to self-isolate for 14 days. The need to self-isolate for a fortnight might make you think twice about how badly you want to attend the opening of the will.

Whether or not you go to the opening, you will need some advice on what steps you need to take in Germany to obtain effective control over the assets you have inherited, and also advice on your liablity for German inheritance tax. If the guy who has been looking after your aunt's affairs is her lawyer, he may offer (or expect) to do it. Have a think about whether you want him to do it, or would rather retain somebody else.