Jurisdiction

Concerning the requirement of the conclusion of a fee agreement between the heir finder and the heir

  • Federal Court of Justice (of Germany), court decisions of 09/23/1999 (ref. III ZR323/98), NJW 2000, 72 following
  • Federal Court of Justice (of Germany), court decision of 02/23/2006 (ref. III ZR 209/05)

„Who is busy with commercial finding of unknown heirs, has no charges of remuneration out of a management without assignment or unjustified immoral enrichment towards the heirs. The heir finder can only claim a remuneration, when he concludes a fee agreement with the heir. Therefore, heir finder companies are required by law "to sell" their research results to the entitled heirs on the basis of a concluded agreement.“

Concerning the amount of the accepted remuneration

  • State Court Potsdam, court decision of 10/07/2008 (ref. 6 O 128/08)

„The court follows the jurisdiction of the Federal Court of Justice (of Germany) and the district courts one, after which a net fee for heir finding activities up to 30% of the inheritance is economically appropriated.“

  • Higher Regional Court Brandenburg, court decisions of 05/20/2008 (ref. II U 157/07, ZErb 2008 following)

„As a point of reference for the reasonable level of remuneration of an heir finder can be used a conventionality upon that a fee up to 30% of the inheritance can be agreed.“

  • State Court Aachen, court decision of 12/20/2007 (ref. 9 O 301/07)

„Concerning the efficiency of a fee agreement of an heir finder and the heir at a rate of 28% of the inheritance plus VAT.“

  • Court of appeal Berlin, court decision of 11/05/2001 (ref. 26 U 10301/00)

„Concerning the effectiveness of a fee agreement between a heir finder and a heir at a rate of 25% of the inheritance plus VAT.“

  • State Court Darmstadt, court decision of 06/29/2000 (ref. 13 O 15/99), NJW RR 2001, 1015 following

„The agreement between a heir finder and found by him unknown heir at a rate of 30% of the inheritance plus VAT is effective.“

Verband Deutscher Erbenermittler (VDEE®) e.V. Grünberger Str. 1 10243 Berlin
Tel.: 030 - 246 251 62 Fax: 030 - 246 251 63 E-Mail: mail@vdee-ev.de