How to Win Commercial Lawsuits in Germany
Get Your Free Copy of Our Civil Litigation Brochure
Practical Information from Court Savy German Litigators
In the brand new brochure „A Short Guide to Civil & Commercial Litigation in Germany“, I explain the basics of commercial litigation under German Civil Procedure Rules: How to prepare, which court to approach, whether to try to negotiate a settlement and – if so – when. How to adapt to the very different German civil procedure rules with regard to evidence. And finally, what to do and – more importantly – what not to do in a German courtroom.
After 20 years of experience in international litigation, working mainly for British and American clients, I am well aware of the typical misconceptions held by UK and US business owners and their lawyers. These misconceptions result in poor litigation strategy and – eventually – lost cases in German courts of law.
Avoid the trap of preparing your lawsuit as you would in the UK or USA when – in fact – you will face a German judge who has entirely different expectations.
The brochure is a must read for anyone involved in German civil litigation
Make sure you get your free copy by dropping us an email to info@graflegal.com
Verify if a Lawyer is Admitted to the German Bar
Check the National Register of German Attorneys at Law
The official professional title of a German lawyer is Rechtsanwalt (male) oder Rechtsanwältin (female). Only fully qualified German lawyers who have passed both legal exams are entitled to refer to themselves as „Rechtsanwalt“ or – in short – „Anwalt“. The use of the word „Anwalt“ in Germany corresponds with the use of „counsellor“ in the USA.
The German legal profession is not divided into two classes of lawyers (solicitors and barristers). Instead, as in the USA, a German counsellor is permitted to appear and represent clients in court. Unlike in the USA, the right to practice law in Germany is not restricted to a certain German state (Bundesland) or region. Instead, while they take their bar exam in a certain state and are members of a local bar association, all German lawyers are admitted to all courts throughout the country. Thus, a Bavarian litigation lawyer from Munich may, for instance, appear in a Berlin court, without any need for prior registration or getting the licence registered in that state.
The only exception is the Bundesgerichtshof (German Supreme Court), where only specially accredited German lawyers have the right of audience in civil matters. Those lawyers are referred to as Rechtsanwälte am Bundesgerichts (for a list of these lawyers see here).
If you need to hire a German lawyer and you are uncertain whether the lawyer you have found on the web is actually admitted to practice law in Germany, there is a very easy way to check and verify the name and professional address of said lawyer online. Simply visit the official register of German lawyers on the website of German Bar Association (Bundesrechtsanwaltkammer). The same is true in case you are being contacted by an alleged German lawyer and something appears fishy. Simply go on the official register and contact the address given there to verify.
For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal and visit our YouTube channel
Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.
Probate Litigation in Germany – How to Challenge a Will
Why are German Wills often successfully challenged and voided?
As in most jurisdictions, a German Last Will can be challenged if the testator, at the time of making the Will,
(i) lacked mental capacity (in German: if he or she was „testierunfähig“); or
(ii) was under undue influence, e.g. pressured or threatened („bedroht“); or
(iii) was under some false impression („im Irrtum“), i.e. erred about certain circumstances.
These are the most commonly known standard legal reasons based on which a Will can be made void. German inheritance law, however, has a few surprises to offer.
More legal grounds for challenging Wills under German Succession Laws
Under German inheritance law, there are additional grounds for challenging a will which are unknown to most Common Law systems. These are the so called „Anfechtungen wegen Übergehung eines Pflichtteilsberechtigten“, section 2079 German Civil Code (Bürgerliches Gesetzbuch).
These rights to challenge and make void an otherwise perfectly fine German will often surprise and take aback even German beneficiaries and their lawyers. The idea behind these statutes is to protect the interests of the surviving spouse and of children if the Will has been set up at a time when the testator was not yet married to said spouse or the (additional) child has not been born. In these circumstances, if the testator does not amend, i.e. update, his or her „old“ will, the spouse or child not mentioned therein can make this will void by appealing to the German probate court (Nachlassgericht), which must be done within certain deadlines.
The details on how to formally challenge a Will in Germany are explained in this blog here. and in the post „Contentious Probate in Germany“
More on litigation and legal costs in Germany:
- Making a Court Claim for Money in Germany: It’s actually quite easy
- Standard of Proof in German Civil Litigation
- German Litigation Experts explain Civil Procedure Rules
- How expensive is a German Lawsuit?
- Expert Reports on German Law
For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.
Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.
Settle German Legal Disputes Now!
Corona forces German courts into de facto lockdown for 2020
If you want to end a German legal dispute in the foreseeable future – settle!
If you have beef with a German business partner, do not count on any help from German civil or business courts during spring and summer 2020. While German civil courts are officially still open and working, oral hearings (mündliche Verhandlungen) are being postponed, stayed or outright cancelled.
In theory, pursuant to sec. 128a German Civil Procedure Rules (link to the English translation of the statute available here) German court hearings (mündliche Verhandlung) can be conducted via video conference (skype, zoom etc), but most German judges are sceptical and unfamiliar with these options. Pre Corona, this was simply not necessary and virtually no German civil or business court judge has felt a need to consider an online video conference hearing.
Without such oral hearings, the court cannot decide the case, unless the parties agree on settlement terms which will then be confirmed and sealed by the court.
Corona forces parties to settle unless they are prepared to wait 6-9 months
Therefore: Try hard to settle any legal disputes as soon as possible! Even after the factual lockdown has ended (whenever that may be), it will take the German civil and business courts many months to get a grip on their backlog of cases.
Another important aspect to consider: Due to the unavoidable recession in Germany and around the world, in Summer and Fall of 2020 many German defendants will be bankrupt.
Thus, even if you eventually win the case, it will not do you (or your client) any good because chances are you (your client) will not be able to enforce the claim against the (bankrupt) German defendant anymore. So, settle the dispute, cut your losses and run!
More information on litigation and legal fees in Germany is available in these posts:
- Making a Court Claim for Money in Germany: It’s actually quite easy
- Standard of Proof in German Civil Litigation
- German Litigation Experts explain Civil Procedure Rules
- A German Claimant can’t be his own Witness
- Compensation for a wrecked Car under the German Law of Torts
- Does German Law of Torts know the Egg Shell Skull Rule?
- How expensive is a German Lawsuit?
- Expert Reports on German Law
For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.
Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.
Contentious Probate in Germany
Lawyer Video on Probate in Europe
Our special interest blog www.internationalprobatelaw.com deals with the matter of how to administer German-American estates, how to obtain probate in Europe (especially Germany, Austria and England), the overseas succession laws and estate taxes (death taxes) in Europe.
Contentious Probate Proceedings in Germany (Erbscheinverfahren)
Normally, German probate cases are dealt with the local surrogate court (Amtsgericht). They issue the German grant of probate (also referred to as letter of succession or letter of administration) in a quite straight forward proceeding. Compared to the USA, German probate courts are not involved in the administration of the German estate. Once, the court has issued the grant, the judge’s job is done. For more on non-contentious probate in Germany see the post „How to challenge a will in Germany“ as well as various articles about this topic on Cross Channel Lawyers.
In the unfortunate case that someone challenges a will in an international probate case (contentious probate), matters become much more complicated and expensive.
This Video deals with the 24 most frequently asked Questions on Overseas Probate
The overseas probate law experts at Graf Legal assist with international estate matters between the USA and Europe since 2003. In our experience, these are the questions most American clients run into when they are faced with an international inheritance case. German lawyer Bernhard Schmeilzl answers them in the video below. The list of questions contains the respective start time for each question so you can jump right to the specific topic you are interested in:
1) What is an „Erbschein“? (00:11)
2) Is the process for hiring a German lawyer different from hiring a lawyer in the States? (00:57)
3) How much does it cost to hire a European Lawyer? (02:06)
4) My deceased relative owned property in Europe. Do I need a separate grant of probate for those assets? (03:04)
5) How does German or English probate differ from American probate? (04:01)
6) Can I be personally held liable for the debts of an international estate? (04:47)
7) What documents do I need to submit to the German and English probate courts to have access to he estate? (05:47)
8) How long does the international probate process take? (06:58)
9) Will I have to travel to Germany or England in order to access the assets my loved one land? (07:41)
10) What are the rules of intestacy in Germany? (08:22)
11) How can we sell foreign assets in an estate? (09:16)
12) How can I get access to assets in Germany or England? (10:09)
13) Who administers a foreign estate if there is no Will? (11:07)
14) How can I swear the oath or give the affidavit with regards to the probate application? (12:11)
15) How do I get an inheritance tax clearance from German and England? (13:20)
16) Is there an estate tax on foreign assets? (14:29)
17) I received a letter from German probate court because a relative has died. What do I need to do? (15:14)
18) Is a United States Will valid in Germany and England? (16:04)
19) What are “forced heirship” rules? (16:56)
20) Am I entitled to a share of the estate if a foreign relative has died? (17:53)
21) What happens if someone contests the Will in Germany? (19:01)
22) Can I act as the executor or administrator abroad myself? (19:49)
23) I have foreign assets. How can I ensure they avoid probate? (20:22)
24) What is the principle of universal succession? (21:21)
Or just watch the entire video here
