GRP Rainer LLP

At the Conclusion of the Year, Inheritance Claims Can Expire by Boundaries of the Inheritance Reform

Bequest claims might expire at the conclusion of the year, because of legislation alteration of acquiescence using the inheritance reform. The actual inheritance reform by the new year has evolved. The particular issue and its rules could show its side effects the very first time this current year.


North Rhine-Westphalia, Germany -- (SBWIRE) -- 12/24/2012 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt and London inform: On the 01.01.2010 the inheritance - and limitations law reform became effective. This could lead to the outcome that a large part of the inheritance claims expire by 31.12.2012. Because of this reform, the 30 year period of limitations according to the German Civil Code (BGB) is no longer applicable. Since 01.01.2010 a large portion of inheritance claims fall into the three year limitation period in line with the §195 of the Civil Code. In the case of bequests, the new shortened limitations period is particularly adhered.

The new version of the Civil Code enumerates; which claims are usually spared through the completely new timeframes. For these, the particular 30 year period continues to be appropriate. It needs to be determined on a case-by-case basis regardless of whether a particular claim drops under the outlined regulations. When unsure, make sure you examine the claims with a lawyer prior to conclusion of the year. In this way you could make certain that no negative surprises come to you as a result of the law change.

The changes from the reform are not only valid for inheritance cases from 01.01.2010 onward, but can be applied as transitional rules for the previous years. A large number of older inheritance cases will expire on the 31.12.2012. Care has to be taken in regards to older claims, because the inheritor may not count on the claims to expire so early.

In the assertion of gift claims, you should observe the completely new statute of limitations, mainly because it on a regular basis offers shorter periods pertaining to suited claims. When a claim has fallen under the new law plus the opposition draws on this specific simple fact, then it cannot possibly be claimed. If there are concerns regarding the constraints of a claim, receive legal advice from a professional to prevent moving into a disadvantageous position.

About GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, and Stuttgart, Germany and London UK.

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