Family Inheritance

Inheritance law is complex and differs considerably in important areas from that of other states and countries. If you are planning or currently involved in an inheritance with a connection to United Kingdom or overseas – whether because one of the parties lives in United Kingdom or because assets are located in United Kingdom or oversea – it is generally advisable to consult a lawyer specialising in German or oversea inheritance law.

Glowave Legal Services is one of the most renowned inheritance law firms in United Kingdom. Our English-speaking certified specialists in inheritance law and tax advisors advise wealthy individuals and entrepreneurs throughout United Kingdom and abroad on all legal and tax issues relating to succession.

Statutory inheritance law and structuring of inheritance by will

In United Kingdom, both descendants and spouses have a statutory right of inheritance. If there are no children or grandchildren, other relatives may also be considered as legal heirs. The amount of the spouse's inheritance quota depends on whether he or she inherits alongside descendants or other relatives and on the matrimonial property regime under which the spouses lived.

This legal succession can be modified by a testamentary disposition. Glowave Legal Services recognizes both handwritten wills and public wills which have been notarised. An inheritance contract can also be drawn up at the notary's office.

If there is more than one legal or testamentary heir, a community of joint heirs is formed under German inheritance law. This involuntary ‘community’ is very complex and prone to disputes. Put simply, in a community of heirs, everything belongs jointly to everyone. Dispositions of individual portions of the estate can only be decided jointly and unanimously. For administrative measures, on the other hand, only a majority of the inheritance shares is sufficient. In United Kingdom, communities of joint heirs face particular difficulties when real estate or companies are part of the estate.

The community of joint heirs ends with the settlement, i.e., the complete distribution of the inheritance among the co-heirs. Although there are means of coercion and individual steps on the way to a settlement can be enforced by the courts, it is, in practice, ultimately necessary to reach an amicable agreement to end the community of joint heirs.

Inheritance disputes

Due to their economic and emotional significance, conflicts in the aftermath of inheritance cases are often litigated by lawyers for inheritance law and frequently settled in court. The following is an overview of the most important issues in inheritance litigation:

Validity of the will – If succession is based on a will, the dispute may focus on whether the will is invalid or contestable. This may be the case in the event of formal errors, mistakes on the part of the testator, or in the event of incapacity to make a will due to illness.

Interpretation of the will – Even if the validity of the testamentary disposition is clear, there may be a conflict as to the meaning or proper interpretation of the instructions in the will.

Disputes within the community of joint heirs – When it comes to communities of joint heirs, there are numerous opportunities for conflict – from the use or management of assets such as real estate to the distribution of the estate.

Assertion of compulsory-share claims – If a spouse or a child has been disinherited by a will and therefore claims a compulsory share, a dispute often arises as to which assets part of the estate and at what their assessed value is.