How to Prove Your Relationship as a Thai Heir in a German Inheritance Case

Dominik Lindner
Jan 07, 2025By Dominik Lindner

1. Understanding the Importance of Proof of Relationship
1.1 In German inheritance cases, heirs are required to provide concrete evidence of their relationship to the deceased. This documentation is essential to validate the claim and to ensure the rightful distribution of assets.
1.2 For Thai heirs, this often involves additional steps, such as translations and legalizations, to ensure the documents are acceptable under German law.

2. Key Documents to Establish Relationship
2.1 The required documents vary depending on the nature of the relationship:
2.1.1 For spouses: A valid marriage certificate.
2.1.2 For children: A birth certificate listing the deceased as a parent.
2.1.3 For adopted children: Official adoption papers.
2.1.4 For other relatives: Evidence such as family registers, notarized statements, or court judgments establishing kinship.
2.2 All documents must be originals or certified copies, translated into German, and often legalized or apostilled for recognition by German authorities.

3. Translating and Legalizing Documents
3.1 Documents issued in Thailand, such as marriage or birth certificates, must be translated into German by a certified translator.
3.2 The translations must be authenticated, and the original documents may require legalization or an apostille from Thai authorities, verified by the German Embassy or Consulate in Thailand.

4. Utilizing the German Embassy or Consulate
4.1 The German Embassy in Bangkok or Honorary Consulates in locations like Phuket can assist with certifying and forwarding the documents to the appropriate authorities in Germany.
4.2 They also offer guidance on preparing the required documents to meet German legal standards.

5. Special Considerations for Unregistered Marriages
5.1 If the marriage was not legally registered in Thailand or Germany, proving the relationship can be more complex. Supporting evidence such as joint financial records, photographs, or affidavits from witnesses may help.
5.2 In such cases, legal advice is crucial to ensure the claim is properly substantiated.

6. Filing the Documents with the Probate Court
6.1 All translated and legalized documents must be submitted to the Nachlassgericht (probate court) in Germany.
6.2 If the deceased resided solely in Thailand, the Amtsgericht Berlin-Schöneberg typically handles the case.

7. Addressing Potential Disputes
7.1 Other heirs may challenge the Thai heir’s relationship to the deceased. In such instances, additional documentation or testimony may be required.
7.2 A lawyer experienced in German inheritance law can represent the heir and present the necessary evidence effectively.

8. Professional Assistance for Cross-Border Cases
8.1 Cross-border inheritance cases are inherently complex. Services like Thai-German Heritage Assistance provide end-to-end support, including document preparation, translation, and coordination with German courts.
8.2 Their expertise ensures that claims are handled efficiently and professionally, minimizing stress for the heir.

9. Financial and Emotional Support
9.1 Pursuing inheritance claims can be costly and emotionally taxing. Options like pre-funding or litigation funding can alleviate financial burdens, allowing heirs to focus on their case without immediate financial pressure.
9.2 Supportive communication throughout the process can also ease the emotional toll of managing such claims.

10. Final Steps and Moving Forward
10.1 Once the relationship is proven and documents are accepted, the inheritance process can proceed, involving asset distribution, tax payments, or potential disputes.
10.2 Staying organized and working with experienced professionals ensures a smoother and more effective resolution of the case.