Determination of heirs
In the case of the determination of heirs, a percentage of the accrued share of the inheritance is settled with the heir, as is customary in the industry. The fee is only due if an inheritance is actually distribut-ed. In this way, financial risks are excluded for the potential heir.
Further details on the fee conditions can be found in the points mentioned below:
How is the fee of Genealogia badenia e.K. made up?
The fee of the heir investigator is a pure success fee, which is agreed upon with the prospective heir and is based on the scope and difficulty of the investigation. This means that we work at our own economic risk. If no heirs can be found, we bear the costs.
Do I have to provide an advance?
No, Genealogia badenia e.K. advances the costs and expenses arising in the course of the investigation.
When are the fees due?
Our fee is payable upon the distrabution of the estate to the entitled heir(s) or person(s).
When is Genealogia badenia e.K. entitled to a fee?
On the 23rd of September 1999 , III ZR 323/98 , the Federal Court ruled that the legacy investigators compensation can only be claimed if it completes a compensation agreement with the heirs. This judgment was confirmed on the 23rd of February 2006 again by the Supreme Court ( BGH decision III ZR 209/ 05).
What are the fees of Genealogia badenia e.K.?
The fee rate, which is based on the difficulty and expense of the investigation is agreed upon by the heirs as determined by Genealogia badenia e.K.. Through several German and European court rulings, remuneration of 20 to 30 percent of the estate value, subject to VAT, is considered appropriate.
- Higher Regional Court of Brandenburg, judgment of 20 May 2008, 11 U 157/ 07
- Berlin Court of Appeal, judgment of 5 November 2001, 26 U 10301/100
- Berlin Regional Court, judgment of 19 December 2003, 35 O 131/ 03
- Berlin Regional Court, judgment of 1 February 2002, 35 0423 /01
- Darmstadt Regional Court, judgment of 29 June 2000, 13 0 15/99
- Potsdam Regional Court, judgment of 7 October 2008, 6 O 128/ 08
- District Court Ellwangen, judgment of 14 May 2003, 5 O 95/ 03
- Vienna Court, decision of 3 October 1996 , 1 Whether 2168/96x
What costs are included?
The fee of Genealogia badenia e.K. includes all costs and expenses incurred in the course of the investigaton. Costs and expenses may include, but are not limited to, research costs, legal costs, consultant costs, notary fees, travel expenses, and translation of documents.
What are the court and administartive costs associated with collaboration with the Genealogia badenia e.K.?
Since we agree on our remuneration with expected heirs, the probate court and administrative service costs of Genealogia badenia e.K. are not charged to the heirs.
Archive research, genealogical research and other services
- Charges for family research, emigration research, archival research, adoption research and other services offered by the company are billed on an hourly basis and are based on the effort and difficulty of the activities performed.
- Fees are always understood to be exclusive of the statutory value added tax.
The billing is exact to the quarter of an hour.
- Expenses incurred by authorities and archives (e.g. for information by archive staff) will be charged according to the respective fee regulations of the respective institutions and archives and passed on to the customer.
- Travel costs are calculated up to the 20th kilometer at € 0.30 per kilometer driven plus VAT. From the 21st kilometer, the calculation for the round trip to the respective archive is made according to the applicable guidelines, plus VAT.
The calculation of a route planner serves as a basis.
We would be happy to make you a non-binding offer!