My brother passed away in Germany. He was a South African citizen who has a residence in Germany & lived there for the last 10 years.
He was married to a German Citizen. (Married in South Africa)
His wife has informed us that the inheritance only comprises of assets (movable property) in Germany.
How can this be? My brother had a car & property was bought during the marriage.
Who ultimately decides if South African or German property law applies?
Please advise us what we can do? We do not live in Germany.
German courts apply the inheritance laws of the jurisdiction the deceased had been a citizen of, i.e. South African law including not only th inheritance law but also the rules of private international law.
For South Africa to my knowledge the last domicile of the deceased is the main connecting factor for the determination of the applicable inheritance laws. Maybe your brother has established a domicile of choice here in the last ten years if he had never wished to return to South Africa. Then, German law would accept such renvoi by South African law and thus the whole estate would be governed by German law.
Furthermore, in regard to real estate South African law always refers to the laws of the jurisdiction where the land is located. German international private inheritance law would also accept such renvoi and apply German inheritance law in regard to land located here irrespective of the domicile of the deceased.
Cars are counted as movable assets.