The intention of this page is to serve as a reminder to make sure your paperwork is in order.
It is important to know what laws will apply to you and your heirs or estate when you are deceased and you were a South African citizen with permanent residence in Germany.
Do you need a will/testament in Germany, or will your South African will/testament suffice?
Since we are not legal professionals we cannot answer these questions for you. The best advice we can give you is to speak to a qualified lawyer or professional.
Possible considerations:
- Is your South African will and testament valid in Germany?
- Is your living will valid in Germany?
- What will happen to your assets and debt in South Africa
- What will happen to your assets, pension, bank accounts, and debt in Germany
- Your funeral arrangements
- Children/heirs living in South Africa
- Spouse continuing to stay in Germany or moving back to South Africa
- How does the law differ between SA and Germany for example Pflichtteil (§2303 BGB),
List of resources
- The general EU regulation ((EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL)
- Cross-border successions by the European Commission
- Gezetze-im-internet by the Federal Ministry of Justice – The making and revocation of a will. Please read the conditions governing the use of this translation at the beginning of the linked page
- Gesetze im Internet – Internationales Erbrechtsverfahrensgesetz
- Deutches Erbenzentrum – Berliner Testament
- Schlun & Elseven – Writing a will in Germany
- Erb-recht – Lexikon
- Erben und Vererben, a publication from the Bundesministerium der Justiz
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