Certified Specialist for Law of Succession
Attorney Leander J. Gast is a certified specialist for the law of succession since July 28, 2010.
In Berlin there are a total of 61 certified specialists for law of succession, nationally there are 1320 (as of 1.1.2012, source: German Federal Bar Association, Bundesanwaltskammer, BRAK-Mitt. 03/2012).
A precondition for the awarding of a certified specialist title is a three-year admission and activity within the last six years before application, Sec. 3 Certified Specialist Attorneys Code (FAO).
As a rule the acquisition of special theoretical knowledge presumes that the applicant has participated in further legal training for the certified specialist title, which comprises all relevant areas of specialization. The total length of the course must at least contain 120 hours, Sec. 4 para. 1 Certified Specialist Attorneys Code , FAO.
In this case the applicant must have taken at least three performance-checks (proctored tests) in various areas of the course. A performance-check must at least last for one hour and is not allowed to last more than five hours. The total length of those performance-checks passed is not allowed to last over fifteen hours, Sec. 4a Certified Specialist Attorneys Code, FAO.
Attorney Gast has passed all performance-checks for the certified specialist title in law of succession with the best grade of “very good”.
The certified specialist in law of decedents’ estates must demonstrate, according to Sec.14f Certified Specialist Attorneys Code, FAO, knowledge in the following areas:
- Substantive law of succession including provisions relating to obligation, family, corporation, endowment and social law,
- International private law in law of succession,
- Anticipatory succession, design of contract and testament, execution of testament, administration of inheritance, insolvency of estate and curatorship of the estate,
- Relation of tax law to law of succession,
- Peculiarities of procedural and trial law
The acquisition of special practical experience, according to Sec. 5 para. 1 lit. m Certified Specialist Attorneys Code, FAO presumes that the applicant has worked in the special area personally as an attorney not under instruction and for three years before the application:
- 80 cases, of which at least 40 are court lawsuits (of which at the most 10 are lawsuits of voluntary adjudication);
- The cases must be related to those areas determined in Sec. 14f Nr. 1 to 5 FAO, by which there must be at least five cases respectively from three areas;
- The importance, size and difficulties of individual cases may lead to a different weighting, Sec. 5 para. 4 Certified Specialist Attorneys Code, FAO.
The theoretical and practical knowledge is to be demonstrated according to Sec. 6 Certified Specialist Attorneys Code, FAO.
In order to prove the special theoretical knowledge or the practical experience the committee may lead a subject-oriented conversation. It may abstain from this if its opinion vis-à-vis the board can also be given without a subject-oriented conversation regarding the particular theoretical knowledge or special practical experience according to the overall impression of the certification presented.
Whoever carries the title of a certified specialist must annually publish a scholarly article or at least participate as an attorney in a further legal training course in a teaching or listening capacity. The total length of time of the legal training must not exceed ten hours. This is to be furnished to the bar association of one’s own accord, Sec. 15 Certified Specialist Attorneys Code, FAO.
Leander J. Gast Attorneys at law
Berlin: Schumannstr. 18 | 10117 Berlin-Mitte | Phone: 030 240 47 66 | Fax: 030 240 476 71
Hamburg - since June 2013: Neuer Wall 10 | Ecke Jungfernstieg | 20354 Hamburg
Fon: 040 822 15 - 31 03 | Fax: 040 822 15 - 34 91