When international inheritance law becomes relevant
International inheritance law comes into play when a person owns assets in several countries or when family members live in different countries.
This happens frequently between Germany and Portugal, for example when
- German citizens own real estate in Portugal
- Family members live in different countries
- Wealth is internationally distributed
In such cases, the central question arises as to which law applies in the event of inheritance.
Which laws apply in inheritance cases?
Within the European Union, international inheritance law is largely governed by the EU Succession Regulation regulated.
This regulation determines which national law applies in a cross-border inheritance case.
The basic principle is: the law of the country in which the deceased had his habitual residence.
This means that, for example, German or Portuguese inheritance law may apply, depending on the individual situation.
Significance of the EU Succession Regulation
The EU Succession Regulation was introduced to regulate international inheritance cases within the European Union more clearly.
She ensures that:
- only one national law is applied to the entire estate.
- Contradictory decisions should be avoided.
- Procedures between different states will be simplified
This regulation is particularly relevant for families with assets in Germany and Portugal.
Estate with assets in several countries
If assets are located in multiple countries, additional legal issues may arise.
For example:
- Real estate in Portugal
- Bank accounts in Germany
- Foreign company investments
In such cases, legal aspects such as court jurisdiction, tax issues, and estate administration must be carefully examined. Early planning can help avoid later conflicts between heirs.
When an international will makes sense
In many cases, a international will It would be useful.
This makes it possible to determine early on which law should be applied to the estate.
This allows:
- Avoiding uncertainties in inheritance cases
- Better structuring of international assets
- Reducing conflicts between heirs
Especially when dealing with assets in Germany and Portugal, legal advice is recommended in order to develop a suitable estate structure.
Conclusion
The International inheritance law between Germany and Portugal This increasingly affects families with cross-border assets. While the EU Succession Regulation establishes clear rules, complex legal questions can still arise.
Early legal advice can help to plan international estates in a legally sound manner and to avoid conflicts between different legal systems.
