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legal eagle, Attorney
Category: German Law
Satisfied Customers: 15581
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Hello,I am a british citizen living in Germany, where I

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I am a british citizen living in Germany, where I have bought a house. I am married to a dutchman, he has two children by a previous marriage an I have two children also by a previous marriage. We are making new wills but whilst my husband can choose for Dutch inheriance law I can't. According to our sollicitor I can choose between British or German law. Is that so? In my will only my children and one of my stepchildren will inherit from me, as far as I can remember British law accepts that, I don't know if German law accepts that which means that if I can choose then I choose for British law. Can you advise me please?
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Dear Customer,

thank you for using Just Answer.

If you are not a national of the state where your permanent residence is you may indded chose.

So your choice is between German and British inheritance law.

In German inheritance law it is not possible to exclude your husband in a will because he has still a legal share.

Excluding him may be possible with a notarized contract but not with a will.

So I would recommend you chose British Law but you have to seek advice from a British solicitor first.

If i have helped I would very much appreciate getting positve feedback

Thank you so much

Customer: replied 3 years ago.

I don't think you understood my question, I certainly don't intend excluding my husband in my will, on the contrary, if I die first the half of my estate goes to him and the rest to my children, and his youngest daughter, but they can claim that only after he dies. We are both excluding his eldest daughter in our wills. Ik know that can in Britain but don't know if Germany will accept that from me. German inheritance laws are similar to the Dutch but not quite the same. However, if I choose for British law and Germany accepts the then my problem is solved.

Dear Customer,

if his eldest daughter is not adopted by you she is not entitled to inheriting from you.

So you can exclude her without any problem.

According to German Law your husbamd could not exclude her in his will she would always be entitled to a legal share

I hope that I was able to help

If so I would very much apprecate getting positive feedback

Thank you
Customer: replied 3 years ago.



Actually one cán exclude a child from inheriting, in Dutch ánd in German law, but if that child lays claim to his/her share of the inheritance within 3 years ( Germany ) or 5 years (Netherlands ) then he/she will have the right to a 'legitimite' portion which is the half of what he/she would normally have inherited.



Thanks for your help. I now know enough.

Dear Customer,

this is right

I have helped I would very much appreciate getting positive feedback

This is how the expert gets credit

Thankk you
legal eagle, Attorney
Category: German Law
Satisfied Customers: 15581
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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