Inheritance law is a special matter. Nevertheless, it is treated rather neglected by the judiciary because there are no chambers for inheritance law, but inheritance law cases are heard in the normal civil courts. Anyone who works as a lawyer in inheritance law can tell you how difficult it is to go to court if the person on the bench shows a lack of knowledge.
Anyone who thinks that this only affects normal inheritance disputes in the regional court, but not the probate courts, which are located at the district court, because that is where special competence is located, is wrong, because the Celle Higher Regional Court (decision of June 19, 2023 – 6 W 65/23 ) had clearly expressed in clear words what it thought of the work of the probate courts (in the state of Lower Saxony) and stated:
“For years, the Senate has increasingly had the impression that the option used by the state of Lower Saxony to transfer estate matters to the judicial officer as far as possible (§§ 16, 19 RpflG) has led to only a few, especially in the smaller district courts However, difficult estate matters are often handled by judges, and this has only led to the fact that, in deviation from the previously widespread practice, district court directors are increasingly less likely to handle estate matters; instead, as here, beginners are followed by probationary judges who, in any given case, lack basic knowledge of the substantive inheritance law and procedural law seems to be lacking, as does the willingness to acquire this knowledge. …”
In court and on the high seas you are God’s hand. This is particularly true in inheritance matters.
Contact person for inheritance law:
Attorney Graf is also an executor and a cooperation member of the DVEV (German Association for Inheritance Law and Asset Succession). and DIGEV (German interest group for inheritance law and pension provision)
Attorney Detzer is regularly appointed as estate curator by the district courts of Wolfratshausen and Garmisch-Partenkirchen.
2023-10-14 01:35:41
#OLG #finds #clear #words #grievances #inheritance #law #case #processing #estate #matters #GRAFDETZER #Rechtsanwälte