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Affidavit For Legal Heir

Affidavit For Legal Heir Template for Germany

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Key Requirements PROMPT example:

Affidavit For Legal Heir

"I need an Affidavit for Legal Heir to claim my late father's property in Munich; he passed away on January 15, 2025, leaving a valid will naming me as sole heir, and I need this document for the German property registry office."

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Document background
The Affidavit for Legal Heir is a critical legal document used in German inheritance proceedings when individuals need to establish their legal right to inherit assets from a deceased person. This document becomes necessary when heirs need to prove their entitlement to banks, property registries, government authorities, or other institutions that hold or manage the deceased's assets. The affidavit must comply with German inheritance law (Erbrecht) as codified in the German Civil Code (BGB) and includes detailed information about the deceased, the family structure, and the basis for the inheritance claim. It requires notarization and is often accompanied by supporting documentation such as death certificates, marriage certificates, and other relevant family documents. The affidavit serves as a formal declaration under oath, carrying legal consequences for false statements.
Suggested Sections

1. Declaration Header: Formal opening stating this is an affidavit, including date and place of execution

2. Deponent Details: Full legal name, address, and identification details of the person making the affidavit

3. Deceased Person's Details: Full name, last address, date and place of death of the deceased person

4. Relationship Statement: Clear statement of the relationship between the deponent and the deceased

5. Details of Death: Circumstances of death, including whether the deceased left a will or died intestate

6. Family Information: Complete family tree of the deceased, including spouse, children, and other relevant relatives

7. Inheritance Claim: Legal basis for the heir claim under German inheritance law

8. Asset Declaration: Known assets of the deceased within Germany

9. Verification Statement: Formal statement verifying all information is true and correct under penalty of perjury

10. Signature Block: Space for deponent's signature, witness/notary details, and official stamps

Optional Sections

1. Multiple Heirs Declaration: Required when there are multiple legal heirs, detailing their relationships and shares

2. Will Reference: Include when there is an existing will, providing details of the will and its location

3. Foreign Assets: Required when the deceased owned assets in countries other than Germany

4. Renunciation Statements: Include when any potential heirs have renounced their inheritance rights

5. Previous Marriages: Required when the deceased had previous marriages that might affect inheritance

6. Business Interests: Include when the deceased owned business interests requiring special handling

Suggested Schedules

1. Death Certificate: Certified copy of the death certificate with German translation if foreign

2. Identity Documents: Copies of deponent's identification documents and proof of address

3. Family Documents: Marriage certificates, birth certificates, and other documents proving family relationships

4. Will Documents: Copies of will and related probate documents if applicable

5. Asset Documentation: List and proof of deceased's assets, including property documents, bank statements

6. Inheritance Tax Declaration: Required forms for German inheritance tax purposes

7. Renunciation Certificates: If applicable, official documents showing inheritance renunciation by other potential heirs

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Wealth Management

Public Administration

Notary Services

Tax Advisory

Estate Management

Relevant Teams

Legal

Wealth Management

Estate Administration

Probate Administration

Compliance

Client Services

Document Management

Risk Management

Corporate Services

Private Banking

Relevant Roles

Legal Counsel

Notary Public

Estate Administrator

Probate Lawyer

Wealth Manager

Trust Officer

Bank Manager

Property Registrar

Tax Advisor

Estate Planning Specialist

Inheritance Law Specialist

Legal Administrative Assistant

Court Clerk

Compliance Officer

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Particularly Book 5 (Sections 1922-2385) which governs inheritance law, including legal succession, wills, contracts of inheritance, and legal portions
Zivilprozessordnung (ZPO) - German Code of Civil Procedure: Sections regarding affidavits and formal requirements for sworn statements in legal proceedings (particularly Sections 478-484)
Beurkundungsgesetz (BeurkG) - German Documentation Law: Governs the formal requirements for legal documents and notarization procedures in Germany
Erbschaftsteuer- und Schenkungsteuergesetz (ErbStG) - Inheritance and Gift Tax Act: Regulates the taxation of inheritances and determines tax obligations of legal heirs
EGBGB - Introductory Act to the Civil Code: Contains provisions on International Private Law relevant for inheritance cases with international elements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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