Estate Planning Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Estate Planning.

Expert Witness: How to Properly Plan for Wills and Estates to Avoid Contest

  By HG.org
Planning for the future when death is inevitable is often fraught with complications when there are family members that may contest the last...
FIND LEGAL ARTICLES

Property through Intestacy Risks

  By HG.org
An estate plan is essential when creating property or structures on land. Without a plan on what may occur when the holder is unable to perform...

What Does Texas’s Community Property Law Mean for Your Divorce?

Under Texas law, most assets that either spouse acquires during a marriage will be deemed community property when the spouses divorce. If you...

Expert Witness on Testamentary Capacity

  By HG.org
Experts are often needed when a will must be analyzed either before or after the person has died. Testamentary capacity is regarded as the legal...

How Do I Plan My Estate if I Have Property in Different Countries?

  By HG.org
Estate planning is the process of determining how to treat property upon a person’s death. This process is often complicated if a person has...

Changing Beneficiary Designations after a Divorce

Divorces are never easy. Aside from the emotional aspects of it that are always difficult to deal with, there are many practical things to...

Someone Broke a Contract

Did a client, vendor, bank, corporation or partner break a contract? Did you break a contract? When someone breaks a contract it's described as...

Wills Must Be Respected in UK, as the Supreme Court Ruling on the Challenge by Heather Ilott Reminds Us

The well documented case of Heather Ilott and her attempt to overturn her Mother’s will appears to have come to an end with the Supreme Court...

What Are the Benefits of a Joint Will in New Jersey?

If you have assets that you want to pass onto spouse should anything happen to you then you may have considered a joint will.

Are Irrevocable Trusts in New Jersey a Good Idea?

Although there are some circumstances where a revocable trust is useful it is usually not necessary.

Estate Laws in New Jersey

Estate laws in New Jersey are changing as of 2017. The estate laws are expected to be repealed altogether during the 2018 calendar year.

Can You Avoid the Gift Tax in New Jersey?

If you have left anything of value in your will to gift to a loved one in the event of your death, then you should be aware that in the State of...

How Do You Update Your Estate Plan in New Jersey?

If you have an estate plan in place, the likelihood of circumstances changing over the course of time is high.

Jordan’s Judicial Authorities Branch

The constitution of the Hashemite Kingdom of Jordan clearly states that the judicial branch of the country is independent while judges only...

What Are Common New Jersey Real Estate Laws?

Whether selling or buying knowing the common NJ real estate laws is important to help you to make the right legal decisions. As the process is...

Undue Influence – When Is a Will or Power of Attorney Considered "Unduly Influenced"?

  By HG.org
Undue influence can cause a vulnerable person such as an elderly person or individual with cognitive impairment to change his or her will or...

How to Create a Valid Power of Attorney in Ghana

In Ghana, Powers of Attorney are governed by the Power of Attorney Act 1998, Act 549.

What Is a Probate Notice in New Jersey?

If it cannot be clearly decided as to whom the recipients of a will are then assets will be taken into probate until it is decided how...

Due Diligence Process

  By Torrente
The due diligence is one of the most important aspects when purchasing a property. There are at least three kind of due diligence.

Estate Planning with Revocable Living Trusts to Avoid Probate

Probate is a costly, stressful, time consuming process that many estates must go through upon the death of a loved one. Luckily, with proper...

Evicting Tenants for Non-Payment: English and italian Procedure

Eviction is a process that allows a landlord to lawfully remove a tenant from the leased premises. Most of the time eviction proceeding can be a...

Remember to Include Incapacity in Your Estate Plan

The purpose of estate planning is to guide the transfer, and management, of your property in a manner that makes sense for your family. While it...

What Is Power of Attorney in New Jersey?

Perhaps one of the most vital, and frequently neglected, aspects of personal and estate planning is legal and financial protection, in the event...

Business Succession Post Inheritance Tax Reform in Germany

It was a long time coming before the reforms to inheritance tax became finalized. The legislation has since come into force with retrospective...

What is the Value of a Verbal Agreement

  By HG.org
When making a verbal agreement, it is important to understand that these are considered as binding contracts between parties for the specific...

Why Is a Successor Trustee Necessary in New Jersey?

A trust is an effective tool in estate planning. One of the most popular trust types is a revocable living trust. It offers the creator a...

How to Avoid a Will Dispute in New Jersey

Unfortunately, it’s a tale as old as time. A death in the family, and in the midst of mourning, the fights start as the will is read. Although...

Alternatives to Filing a Guardianship in Texas

If you are the caregiver for a person who is a minor, or who has an illness or other condition that causes them to be unable to manage their own...

How to Terminate Joint Tenancy in New Jersey

What is joint tenancy? It’s a form of joint possession of property. It’s similar to tenancy in common, however, the difference is that joint...

Non-resident Beneficiaries of Spanish Assets Have the Opportunity to Apply for a Tax Refund

If you were a beneficiary of someone who left assets in Spain but you were not yourself a resident of Spain you may have paid a higher rate of...

Validity of a Nuncupative Will in Germany

When faced with the prospect of imminent death, the testator can prepare a nuncupative will provided certain conditions are met. For this to...

Duty of Beneficiary of Compulsory Portion to Provide Information to Heir in Germany

Calculating the compulsory portion is often a matter of contention when it comes to the distribution of an estate. The Oberlandesgericht (OLG)...

Claim To Augment Compulsory Portion Where Real Estate Has Been Gifted in Germany

Gifts made more than ten years ago will no longer be taken into account in inheritance cases when calculating the compulsory portion. Having...

Co-Heirs in Germany Must Answer Requests for Information with Utmost Care

Requests for information directed at a co-heir need to be answered with utmost care. That was the verdict of the Oberlandesgericht (OLG) München...

Actionable Misrepresentation, Contractual Estoppel, and the Unobstructed Sea View in Hong Kong

Hong Kong has one of the most expensive housing markets in the world. If you are an owner of a property enjoying an unobstructed sea view, you...

What Assets Do and Don’t Have to Go Through Florida Probate

Because the process of distributing assets is complex, with many potential pitfalls, it is vital that you seek the advice and services of an...

Inheritance Tax Reforms Becoming an Impasse – Making Arrangements for Business Succession in Germany

The reforms to inheritance tax should have been cut and dried long ago. The Bundesverfassungsgericht (BVerfG), Germany’s Federal Constitutional...

Inheritance Procedure in Romania for UK citizens

Inheritance and succession issues in relation to UK citizens with assets in Romania are one of the areas about which we are being asked more and...

Doctor-Patient Confidentiality in Inheritance Disputes in Germany

In cases involving inheritance disputes, it is possible for the testator’s doctor to be released from doctor-patient confidentiality. That was...

Contract of Inheritance Has Strong Binding Effect in Germany

Anyone who does not wish to be subject to the rules of intestate succession can set out arrangements for their estate in a will or contract of...

Wills Are a Good Idea Even in Relation to Childless Marriages in Germany

Even if a married couple has no children, this does not mean that the spouses automatically become sole heirs. That can only be achieved by...

European Succession Regulation (650/2012) and the Impact on Cyprus Inheritance & Succession Law

Succession law varies considerably from one EU country to another . A major step to facilitate cross-border successions was the adoption on 4...

Basic Aspects of Cyprus Inheritance and Succession Law

The law of inheritance and succession in Cyprus is regulated by a number of statutes, the chief of which are the Administration of Estates Law...

Composing a Valid Testament and Disposable Portion of the Inheritance in Cyprus

The law of succession and inheritance in Cyprus is regulated by a number of statutes, the chief of which are the Administration of Estates Law...

Probate of Wills and Administration of Estates in Queensland, Australia

At the demise of a loved, there is the need to administer their estate as per their wishes. If the deceased died testate, then the process of...

Wills and Succession Law in Cyprus

The provisions of Cyprus succession law are applicable in cases where the deceased in question had been domiciled in Cyprus at the time of...

Application of Pflichtteilsstrafklausel (Compulsory Portion Penalty Clause) in a Will in Germany

If, after becoming aware of what is termed a “Pflichtteilsstrafklausel” (compulsory portion penalty clause), an heir refrains from asserting his...

Inheritance in Germany: Gifts During Testator’s Lifetime To Be Considered for Purposes of Compulsory Portion

A testator who makes a gift during his lifetime may give rise to tax advantages. However, any gifts need to be taken into account when...

Inheritance Tax Reform in Germany: More Stringent Requirements for Company Heirs

Germany’s federal government has settled on reforms to inheritance tax. Company heirs can continue to expect favourable tax treatment in the...

Understanding the Process of Probate in Florida: What You Need to Know

According to the Florida Bar Association, probate is a court-supervised process of finding and collecting the assets of a deceased person...

The Pitfalls of Berliner Testaments in Germany

A Berliner Testament (Berlin will) is a widespread form of will in which spouses mutually appoint each other as sole heirs. While this spousal...

Avoid Mistakes in Drafting a Will in Germany

Anyone who does not wish to have their estate distributed in accordance with the rules of intestate succession needs to prepare a will or...

Contesting a Will in Queensland: How It Works

Challenging a valid will is very tricky, and the courts are, especially wary about interfering with the wishes of a deceased. Sometimes,...

Inheritance Tax Where Estate Includes Real Estate

In succession cases involving real estate, it is particularly important to pay attention to details when it comes to inheritance tax. Those who...

Succession in Patchwork Families in Germany

While what are sometimes referred to as patchwork or blended families are no longer unusual today, succession law continues to lag behind social...

Wills: Intention to Prepare a Will and Testamentary Capacity Prerequisites in Germany

A valid will presupposes a clearly discernible intention to draw up a will and testamentary capacity. These elements are necessary if the...

Buying Property in Queensland - What Does a Conveyancer Do?

Deciding to purchase a property is a critical decision. Once you decide to go ahead and make a real estate transaction, you will have to follow...

Estate Includes Property in Germany: No Exemption from Inheritance Tax in the Event of Demolition

Properties in an estate can often become a problem, not only because this might lead to disputes in cases involving multiple heirs, but also in...

Post-Divorce in Germany: Geschiedenen-Testament

Divorce results in any mutual inheritance claims between former spouses lapsing. However, it is possible for these to indirectly arise again. A...

A Living Trust, Just What Is That?

Many probate and estate planning attorneys act as if everyone should have a trust yet most Americans don’t even have a simple hand written will....

Wills in Germany: Compulsory Portion Revoked for Causing Bodily Harm

Under a very narrow set of circumstances, it is possible for legal heirs to have their entitlement to the statutory compulsory portion revoked....

Common Misconceptions about Probate

The number one misconception people have about probate is that having a will means no probate; all wills go to probate, whether it was a...

Changes to a Berliner Testament in Germany

A “Berliner Testament” is a popular form of will in Germany among spouses, as it enables them to provide each other with financial security and...

How Do You Know if Your Probate Attorney Is Qualified?

What Should I Ask an Attorney that Handles Probate and Estate Planning? Ask about their experience; ask them how many probates have they...

Elder Law and Estate Planning

Today it's more important than every before to plan your estates. People are living longer and thus acquiring more assets, it is imperative that...

BGH: Unworthy of Inheriting in Germany Due to Discontinuation of Life-Sustaining Measures

According to a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, discontinuing life-sustaining measures can render the...

Understanding and Defending a Will in California

Probate is a division of the Superior Court of the State of California. The Probate court has jurisdiction over what are deemed “legally...

Disinheritance Only Possible with Will or Contract of Inheritance in Germany

Family disputes can become deeply entrenched and are then no longer capable of being resolved. This can give rise to the desire to disinherit...

A Trap in Romanian SRL Statutes for the Unwary

Most investors and companies that wish to incorporate a company in Romania chose to form a limited liability company (SRL). As Romanian lawyers...

Inheriting and Bequeathing under EU Succession Regulation

Enjoying one’s twilight years abroad is a dream that an increasing number of Germans are pursuing. However, it is important to bear in mind that...

Always Open Mail in Inheritance Cases in Germany

It is particularly easy for disputes to arise in cases involving communities of heirs. Anyone who refuses to accept an official or notarial...

A Trustee’s Responsibilities Administering a California Living Trust

Estate planning clients often have a lot of questions about their obligations as a trustee of their living trust. Where the acting trustee is...

Property Purchase: Investments in Italian houses

Chinese attracted by investments in Italian houses: In the last few years Chinese people have been attracted by investments in Italian houses....

OLG Bamberg: Berliner Testament Cannot be Unilaterally Altered in Germany

Spouses that mutually appoint each other as sole heirs in what is termed a “Berliner Testament” (Berlin will) need to be mindful of the binding...

In Italy, the Luxury Market Speaks Chinese

Beijing has recently held the twelfth edition of the Luxury property showcase, Real Estate Luxury Fair, promoted by the Ferretti group and Bank...

Succession Law in Germany

There are many pressing issues that arise when it comes to succession. For instance, testators have to decide whether they want to rely on the...

Assessing Intention to Prepare a Will in Germany

A prerequisite for an effective will is a serious intention on the part of the testator to prepare one. Assessing any intention to draft a will...

Inheritance Tax Reform Must be in Place by June 30, 2016 in Germany

The reforms to inheritance tax need to be in place by June 30, 2016, yet company heirs in particular still do not know what burdens they will be...

OLG Düsseldorf: Will Effective Despite Removal from Official Custody in Germany

If a will is withdrawn from official custody it is deemed to have been revoked according to the law. Having said that, it is possible to contest...

Prerequisites for a Nuncupative Will in Germany

Faced with his imminent death, a testator is still able to prepare a nuncupative will, i.e. a will to which three persons are witnesses....

Rules of Succession in Dubai, United Arab Emirates

What law governs The main source of law in the UAE is Sharia in which all laws are formulated and based on. It is considered a public order.

Heirs According to Shariah Principles of Succession in UAE

Shariah lays down the relations that qualify as heirs following the death of an individual. The deceased's estate can only be transferred to...

What Is Ancillary Probate?

  By HG.org
Ancillary probate is a mechanism of having two probate proceedings going on at the same time in different states. Whether a person’s estate will...

Valid Will Requires Serious Intention to Draft a Will in Germany

For documents to be recognized as a will, it needs to be possible to discern a serious intention to prepare a will. That was the verdict of the...

Grounds for Challenging a Will

Heirs who are disappointed with the content of a will may under certain circumstances be able to challenge the will if they have good cause to...

What is Florida Probate?

Florida Probate Guide - a discussion of the different types of probate options in Florida.

GmbH Shareholder’s Estate: Passing on Company Shares in Germany

The shares in a GmbH form part of a GmbH shareholder’s estate. Accordingly, it is important to settle early on who the company shares will go to...

OLG Hamm: Discernible Intention to Prepare a Will Necessary for Will to be Effective in Germany

In order for a will to be effective, it must be possible to discern a serious intention to draft a will. That was the verdict of the OLG Hamm...

Inheritance of Company Shares in Bulgaria

Aiming to clarify the main points of the procedure for inheritance of company shares under the Bulgarian Commercial law

Knowledge Is the Best Weapon Against Uncertainty

As you embrace your life changes and follow the goals you set, we would like to encourage you to include Estate Planning on your list. Most of...

Four Grounds to Contest a Will

Simply being unhappy with the distribution of assets or the delay of the probate proceeding in general is not sufficient grounds to successfully...

Germany: BGH on Calculating Compulsory Portion Where Estate Includes Property

Calculating an heir’s compulsory portion is challenging if the testator was merely a co-owner of a property. Last year, the Bundesgerichtshof...

Business Succession Planning

Employers ought not to rely on the rules of intestate succession but instead prepare a will.

Business Inheritance in Ukraine

The one of advice would be that business owners, especially if the business is successful, it is necessary to think in advance about the solving...

Grounds and Procedures for Contesting a Will

  By HG.org
A person’s Last Will and Testament declares how he or she wants property distributed upon death. This legal document has great power, and courts...

Rules of Intestate Succession Apply in the Absence of a Will in Germany

Anybody who fails to prepare a will ought to be aware that the rules of intestate succession shall apply. These are not necessarily consistent...

Contesting an Inheritance in Germany Due to Over-Indebtedness of the Estate

An estate not only encompasses assets but also any debts of the testator. It is possible for the acceptance of an inheritance to be challenged...

Contesting a Trust

  By HG.org
While many individuals have heard of contesting a will, a trust may also be contested in certain circumstances. If a trust is successfully...

What is HEBA in the UAE?

In general, Heba is an unconditional transfer of property made immediately and without exchange or consideration by one person to another and...

Inheritance Rules for Non-Muslims in the UAE

Although Article 17/1 of the Civil Code of the UAE provides that it is the law of the deceased that shall govern the inheritance at the time of...


Find a Lawyer

Find a Local Lawyer