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German Law/Power of Attorney - Germany


I have a difficult problem. A business partner of mine who was German and lived in Germany recently died.
I do not know if he made a will.
I hold a property interest in the U.K. by way of a bare trust which was executed by a Notary Public in Germany by my deceased friend. Therefore at the land registry in the U.K. it shows my German deceased friend as the owner in law however I am the owner in equity because of the bare trust.
My deceased friend's daughter has a power of attorney executed in Germany and I believe unlike the U.K. this continues to be active after death. Is this correct so that if it is can his daughter sign the transfer for land registry purposes on his behalf to transfer the title of this property interest to me?

Thank you in anticipation.


Dear Mrs. Hawkins,

The power of attorney is only still valid after the death of your friend if it is stated on the power of attorney that the p.o.a. will be still valid after the death of your friend.

You can contact me directly at I would be glad to set up a telephone consultation with you. I will need more information before I can offer any further advice.

Carolin Schulz-Burgess
German Attorney at Law/Foreign Legal Consultant

German Legal Services
306 South Walker Street
Columbia, SC 29205
Tel. +1 803 254-8153
Fax +1 803 753-9295

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Carolin Schulz-Burgess


German legal issues on inheritance, divorce, alimony, child custody and support, last wills and testaments, and other problems involving international family and civil law.


I am a certified German laywer with professional experience in both German and American law firms. Since 2001 I have been working independently at my firm, German Legal Services. I have represented hundreds of clients on matters involving US-German legal issues. One of my firm's areas of specialization is in divorce and child support and custody issues between members of the U.S. Armed Forces and German civilians.

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I received my undergraduate and JD degrees both from the University of Wuerzburg, Germany, whose law school is consistently ranked in the top 10 in Germany.

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