International
How to organize the transfer of assets (gift/inheritance)
in an international context?
The ownership of real estate – such as a vacation home or commercial property – or movable property abroad is subject to different national regulations in the event of a gift or inheritance.
Our lawyers specializing in international inheritance and property law will help you transfer assets legally and tax-efficiently in accordance with the legal situation in Germany, France, or a third country, with the help of our colleagues from our a-Global partner network.
Summary
Can a property located abroad be transferred by gift or inheritance?
In general, a property located abroad can be transferred by gift or inheritance, but the applicable local property law (lex rei sitae) must be observed. Before gifting or transferring real estate abroad, you must carefully examine the respective property rights, local formal requirements, and the recognition of German or French documents in the destination country.
Our lawyers specializing in international inheritance and property law will ensure that your gift or inheritance arrangements are legally valid in every relevant country. They will assist you with cross-border coordination with all the necessary authorities, such as notaries, courts, banks, and tax advisors, in Germany, France, or a third country. They will work closely with colleagues from our a-Global partner network.
Which law applies to international inheritance involving foreign real estate?
Anyone who owns real estate abroad should be aware that inheritance of such assets is usually governed by the laws of the country where the property is located (lex rei sitae). However, under certain conditions, the European Succession Regulation (EU/VO 650/2012) allows you to choose the applicable inheritance law for your entire estate, such as the law of your home country.
Our lawyers specializing in international inheritance law provide comprehensive advice on choosing the applicable law and ensure that your estate planning arrangements align with your interests and can be implemented in a legal and secure manner – in Germany, France, or a third country – in close cooperation with our colleagues from our a-Global partner network.
What are the tax consequences of a cross-border real estate transfer?
The transfer of real estate by gift or inheritance may be subject to taxation in two places: the country where the property is located and the country of residence of the testator, donor, or acquirer. This taxation may take the form of inheritance or gift tax, as well as real estate transfer tax. This can lead to double taxation.
Our lawyers specializing in international inheritance and property law can review the relevant bilateral double taxation agreements and develop a customized, tax-optimized succession or transfer strategy for you. This could include gifts with usufruct rights, adjustments to the matrimonial property regime, or the establishment of a legally optimized asset structure, such as a family holding company.
You have any other questions?
Please feel free to ask them directly here.