The German private international law is codified in the Einführungsgesetz zu Bürgerlichen Gesetzbuch (EGBGB). According to Art. 25 EGBGB (see Opens internal link in current windowEnglish translation) succession is governed by the law of the country the deceased belonged to at the time of his death (= citizenship) no matter what his domicile may have been. Furthermore in principle the situs of the estate is not relevant ("unity of the estate").
Example:
If the deceased was a German national, German sucession law applies even if he lived in Canada for the last 20 years before he died. German law applies with respect to the estate in Germany and also with respect to the movable and immovable property of the deceased situated outside Germany (e.g. Canada).
According to Art. 4 EGBGB references to the law of a foreign country include the private international law of that country. If the foreign law refers back to German law, German internal law applies.
Example:
If the deceased was a South African national, South African law applies. If the deceased had his last domicile in Germany, the South African private international law refers back to German law with respect to movable property and German succession law applies with respect to movable property. With respect to immovable property the South African law does not refer back. South African succession law applies (scission).
Excemptions of the principle of the unity of the estate
According to Art. 25 sec. 2 EGBGB a person may designate, in a will, with respect to German immovable property the application of the German law (Choice of law). According to Art. 3 sec. 3 EGBGB references, which provide the application of the law of a country, do not include any property, that is situated in that country and that underlies according to the law of that country, special provisions. The German surpreme court (Bundesgerichtshof) has held that the application of the "lex rei sitae" for immovables under Common law is such a "special provision". Therefore German courts apply the law of situs with respect to immovable property outside Germany if according to a foreign jurisdiction the "lex rei sitae" applies.
Examples:
If the deceased was a German national, who owned immovable property in England, German courts will apply German succession law with respect to his movable property and his immovable property situated in Germany but English succession law with respect to the immovable property of the deceased situated in England.
Form of a testamentary disposition
Germany has ratified the Hague Convention on the conflicts of laws relating to the form of testamentary dispositions. According to Art. 26 EGBGB a testamentary disposition is recognised in Germany if its form complies with the internal law:
1. of a nationality possessed by the deceased, either at the time when he made the disposition, or at the time of his death, or
2. of the place where the deceased made it, or
3. of a place in which the deceased had his domicile or habitual residence either at the time when he made the disposition, or at the time of his death, or
4. so far as immovables are concerned, of the place where they are situated or
5. of the applicable law with respect to the succession or the law that would have been applicable at the time of the testamentary disposition.