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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 20034
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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I was born in and grew up in Germany but have lìved in the

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I was born in and grew up in Germany but have lìved in the UK all my adult life. My husband and I adopted a child 21 years ago. All my relatives live in Germany. My mother died 18 years ago and my father last July. I have two sisters there and three nieces and a nephew. My father's -and mother's- will stipulate that we siblings get one quarter each and the other quarter is to be divided between my nephew and three nieces. My son who of course is also a grandchild is not included in the will. Is that legal and valid? I believe that under German law adopted children and grandchildren have to be treated like biological children in inheritance. What needs to happen now?

Dear Customer,

according to which law was the child adopted

Was he still a minor?

Customer: replied 1 year ago.
he was only 22 months old
was he adopted according to German Law?
If he was adopted according to German Law he is like a biological child and also a legal heirBUTIf the mother died in Germany German inheritance law is applicable.In German Law you are free to make your will as you please but certain relatives get a legal share like spouses, parents , children and grandchildren .However as long as father or mother are still alive they get the legal share and the grandchildren get nothingIf however father or mother die their children take their placeSo it was perfectly legal to include you and exclude your child.Only if you were no longer alive your child would take your place
It was not very nice of course but perfectly according to German inheritance law
Customer: replied 1 year ago.
He was adopted from Thailand under UK law. This was just before the UK and Thailand signed the Hague Convention.
But as the inheritance law is German it does not make any difference.
Customer: replied 1 year ago.
thank you. i just wanted to reassure myself of whether this is entirely legal.
it isIf I have helped a positive rating would be very much appreciatedThank you
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