Effects on marriage and inheritance law

Eviva España!” Sun, beach and sea are an incentive for many Central Europeans to spend not only their vacation but also their retirement under the southern sun. Of course, you also have your own ideas about what should happen if one of the spouses dies and what should happen to the assets when you go on your final journey.

The answer is provided by statutory inheritance law, which, however, is regulated very differently in different countries. In some countries, inheritance law is linked to nationality, which becomes a real task in multinational marriages. Other countries such as Switzerland base inheritance law on the last place of residence. In Germany, the matrimonial regime even plays a role, although the German statutory matrimonial regime is not equated with other statutory matrimonial regimes. If assets are located in several countries, the inheritance law for these assets can also be based on the country in which they are located. It may be the case that different inheritance laws apply to the same estate. As a result, this can lead to unwanted division, other heirs and thus to disputes. Not to mention the question of taxation of the estate. While in the area of ​​income taxes there are agreements with most countries to avoid double taxation. This is only occasionally the case for inheritance and gift taxes. For example, Germany only has an agreement with Switzerland for inheritance tax, but not for gifts during your lifetime. The EU has now issued a regulation that Germany has already implemented into applicable law, although this will only apply in this country from 2015. In the future, inheritance law will be based solely on the last place of residence.