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 083-249-4999 · LINE @NYC168 · email contact@ilc.ltd. Discovery call is complimentary; formal opinions billed after scoping.