Estate Planning · Germany
Wills & Inheritance Planning · Germany
Pflichtteil-proof estate planning under Brussels IV choice-of-law for Thai nationals with German ties.
AI Quick Answer · Speakable
Germany enforces Pflichtteil (compulsory portion): children, spouse and parents may claim half of their intestate share even when disinherited. A Thai testator can elect Thai law under Article 22 of Brussels IV (Regulation 650/2012) to sidestep German forced heirship, but German real estate remains subject to German inheritance tax with tax-free allowances of EUR 500,000 for a spouse and EUR 400,000 per child.
Quick facts
- Succession law: German Civil Code (BGB) Book 5, §§1922–2385 — civil-law tradition.
- Forced heirship: Pflichtteil (compulsory portion): children, spouse and parents claim half of the intestate share even after disinheritance under §2303 BGB.
- Accepted will formats: Holographic will handwritten, signed and dated (§2247 BGB); public will before a notary; joint spousal 'Berliner Testament' (§2265).
- Inheritance tax: Erbschaftsteuer: EUR 500 k spouse exemption, EUR 400 k per child, EUR 20 k for unrelated beneficiaries. Rates 7–50%.
- Probate timeline: 3–8 months for a simple estate; 12–24 months if a Pflichtteil claim is filed.
- Treaty position: No estate treaty. Brussels IV (Regulation 650/2012) allows testators to choose the law of their nationality.
- Package fee: From THB 55,000 — bundled German will plus Thai will.
Key risk for Thai nationals & expats
Without a will German intestacy rules apply and Pflichtteil claims may extend to Thai-situs assets. Failing to invoke Brussels IV choice-of-law exposes the estate to compulsory portions.
Probate process in Germany
Nachlassgericht issues the Erbschein (certificate of inheritance) — 3–6 months typical, fees scale with estate value.
Recommended strategy
1) Insert a Brussels IV choice-of-law clause selecting Thai law (Article 22). 2) Consider a Berliner Testament for a Thai-German couple. 3) Make lifetime gifts more than 10 years before death — they drop out of the Pflichtteil calculation.
Six-step dual-will pipeline
- 1
Global asset inventory
Catalogue every asset in Germany, Thailand and any third jurisdiction. Classify by situs and beneficiary designation.
- 2
Domicile & tax-residency audit
Determine Germany domicile status and residency threshold; assess Erbschaftsteuer: EUR 500 k spouse exemption, EUR 400 k per child, EUR 20 k for unrelated beneficiaries.
- 3
Draft dual will (Thai + Germany)
Draft a Germany will (Holographic will handwritten, signed and dated (§2247 BGB); public will before a notary; joint spousal 'Berliner Testament' (§2265)) alongside a Thai will with a mutual non-revocation clause covering Thai-situs assets.
- 4
Choice-of-law & forced-heirship strategy
Pflichtteil (compulsory portion): children, spouse and parents claim half of the intestate share even after disinheritance under §2303 BGB. · Primary defensive move: 1) Insert a Brussels IV choice-of-law clause selecting Thai law (Article 22).
- 5
Execute & legalise
Sign both wills before appropriate witnesses/notaries · Apostille or embassy legalisation between jurisdictions · secure originals with NYC Visa & Translation and a trusted third party.
- 6
Review every 3–5 years
Update on any material change (marriage, birth, asset sale, tax reform) and monitor legislative shifts (e.g. Swiss 2023, UK 2025).
Other jurisdictions we cover
FAQ · Germany
Does Germany enforce forced heirship?
Pflichtteil (compulsory portion): children, spouse and parents claim half of the intestate share even after disinheritance under §2303 BGB.
Which will formats are recognised in Germany?
Holographic will handwritten, signed and dated (§2247 BGB); public will before a notary; joint spousal 'Berliner Testament' (§2265).
What does the Germany probate process look like?
Nachlassgericht issues the Erbschein (certificate of inheritance) — 3–6 months typical, fees scale with estate value.
How is inheritance tax calculated in Germany?
Erbschaftsteuer: EUR 500 k spouse exemption, EUR 400 k per child, EUR 20 k for unrelated beneficiaries. Rates 7–50%.
Is there a Thailand-Germany estate-tax treaty?
No estate treaty. Brussels IV (Regulation 650/2012) allows testators to choose the law of their nationality.
How long does probate in Germany take?
3–8 months for a simple estate; 12–24 months if a Pflichtteil claim is filed.
What is the package fee starting point?
From THB 55,000 — bundled German will plus Thai will.. Final quotation confirmed after asset review and dual-will scoping.
What is the top risk for a Thai national or expat?
Without a will German intestacy rules apply and Pflichtteil claims may extend to Thai-situs assets. Failing to invoke Brussels IV choice-of-law exposes the estate to compulsory portions.
What is the recommended dual-will strategy?
1) Insert a Brussels IV choice-of-law clause selecting Thai law (Article 22). 2) Consider a Berliner Testament for a Thai-German couple. 3) Make lifetime gifts more than 10 years before death — they drop out of the Pflichtteil calculation.
How does Brussels IV interact with my Thai will?
A choice-of-law declaration in your Thai will is respected by German courts under Article 22, moving succession jurisdiction to Thailand — but German real-estate tax and land-registry rules still apply locally.
Is a handwritten Thai-language will valid in Germany?
Yes if it complies with §2247 BGB (handwritten, signed, dated), or if it complies with Thai law and the testator was Thai — Article 27 of the Hague Wills Convention validates form.
Where can I book a consultation?
Contact NYC Visa & Translation — call 083-2494999 · LINE @NYC168 · email contact@nyclegal.co.th. Discovery call is complimentary; formal opinions billed after scoping.
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- สำนักงานตรวจคนเข้าเมือง — วีซ่า รายงานตัว 90 วัน TM.30— Immigration Bureau
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- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
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Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.