The registered land charge itself does not automatically reduce the value of the property, as it merely serves as security in rem for a loan, and it is the actual outstanding balance that is decisive.

Heirs should therefore always ascertain the current loan balance from the financing bank in order to correctly quantify the deductible estate liability.

If the heirs take over the existing loan, the land charge (Grundschuld) generally remains in place and now secures the continued loan relationship of the new owners.

A legal distinction must be made between the land charge (Grundschuld), which is registered abstractly and independently of the existence of a specific claim, and the mortgage (Hypothek), which is always tied to a specific loan claim.

Only the actual outstanding loan balance as of the valuation date reduces the inheritance tax assessment basis as an estate liability – a land charge that has already been repaid but is still registered no longer has any tax effect.

Legal notice

Please note: the content of this article is provided for general information only and does not constitute legal, tax, financial or investment advice. It is not a substitute for individual advice from a licensed lawyer, tax adviser or financial adviser. Despite careful research, we accept no liability for the accuracy, completeness or currency of the information provided. For specific legal or tax questions, please consult a qualified professional adviser.