Inheritance Law

Inheritance law - a field of law about which so many different opinions and views circulate as in hardly any other. No wonder, when you consider that sooner or later almost everyone comes into contact with it personally. Whether in the circle of acquaintances, from hearsay, in Internet forums or search engines: The wealth of information seems as endless as it is contradictory.

In addition, inheritance law has numerous points of contact with other areas of law. It is not uncommon for legal questions to arise in the areas of corporate, family or tax law, to name just a few examples. Therefore, anyone wishing to obtain information on inheritance law cannot avoid expert legal advice.

This applies both to those who, in addition to dealing with a bereavement, are confronted with its legal settlement, as well as to those who wish to settle this very matter by drawing up a will, thereby saving the surviving dependents an immense amount of effort - not least in terms of time, money and energy.

Everyone is still familiar with the term "will". However, what an advance is, for example, is less well known. After all, hardly anyone can still imagine anything about the thirtieth or the imputation. Furthermore, the meaning of an inheritance is regularly confused with a legacy.

The diversity of inheritance law already becomes clear here. What seems exciting and fascinating from a legal point of view is a closed book for the layman - usually the testator or the heirs.

We specialize in both the everyday banalities and the exotic and complex areas of inheritance law.

The calculation of the legal share of the inheritance is just as important in the law of inheritance for spouses as it is in the law of compulsory portions. However, even a divorced spouse may still receive assets under certain circumstances, which is usually not in the best interest of the testator.

It does not always make sense to accept an inheritance. Even if the testator was wealthy, a spouse could achieve more by disclaiming the inheritance. However, this can be problematic. If the deadline for disclaiming the inheritance has passed and the estate is in debt, there are also ways of counteracting the loss of one's own savings.

With a focus on corporate law, our portfolio includes in particular topics such as corporate succession or inheritance law liability consequences and their exclusion possibilities. The course for this can already be set by means of company contract regulations, but this must be coordinated with inheritance law. Due to our holistic advice, we can therefore ensure comprehensive and competent support in matters of corporate law from the beginning of the formation to the dissolution.

One thing must never be forgotten: Not every case is the same. Therefore, the same solution options cannot always be applied. However, holistic and comprehensive advice, all from a single source, can play a decisive role in ensuring that you retain your rights. Because we shape law - well!

Heirs and Inheritance

If a death occurs, the decedent's assets pass to the heir or heirs by way of universal succession (also known as general succession). It does not matter whether the estate is positive or overindebted. In the latter case, the heir is generally liable with his or her entire private assets.

If a person receives notification from a probate court that he or she has been appointed heir, this does not necessarily mean that his or her assets will increase. However, since the time limit for rulings is only six weeks from the date of knowledge of the inheritance (in the case of inheritance cases with a foreign connection, the time limit may be six months), a correct decision must often be made promptly. How to obtain the necessary information is always a major challenge that requires professional support.

Reasons for disclaiming an inheritance include, in particular, overindebtedness of the estate, inheritance tax considerations or personal motives.

Special support is necessary if a disclaimer is no longer possible, but the estate is overindebted. In this case, there are basically various ways in which liability can at least be limited and one's own assets perhaps even excluded. Which way is possible and which is sensible is always decided on a case-by-case basis. Under certain circumstances, a wrong choice can have far-reaching consequences.

However, not only pure assets are inherited. If the testator has shares in a company, for example in the form of stocks or participations, the heir also enters into the rights and obligations here. The resulting consequences are equally serious for all parties involved: while the heir himself may again be confronted with the risk of personal liability, the company is suddenly faced with the co-determination rights of a person who, in case of doubt, does not have the necessary expertise. A situation that will inevitably lead to economic risks on both sides.

The entrepreneurial succession as well as the liability consequences of the heir should ideally be determined in cooperation with a specialist lawyer in commercial and corporate law.

Precautionary arrangements

Why make a provision when everything is in order?

An accident always comes suddenly, so it is all the more important to take care of the bad times while the good times are still ahead. For this, calm and time are necessary to make objective and prudent decisions.

However, those who are no longer capable of acting or can no longer express their will run the risk of having to endure treatments that do not correspond to their actual ideas. The same may apply to one's own assets.

A widespread misconception is, for example, that family members or spouses are automatically authorized to represent the patient. However, this is not the case. Health care proxies and living wills can remedy this situation and ensure that the will of the person who is still alive and unable to act is upheld.

However, because of the far-reaching consequences, comprehensive information is essential to prevent misuse.

The same applies to numerous forms that are available online and free of charge. These may not be suitable for the specific and individual life situation. Which regulation can be made and when it is less sensible can be determined together in a personal clarification meeting in our office.

Legal succession

In principle, the law regulates who inherits and how much. Even a will does not exclude the statutory regulations in every case. Often, however, one does not know whether one is affected by the legal succession at all.

If you are then a member of a large family, it becomes all the more complicated to determine the appropriate share of the inheritance. How such a share is calculated, that adopted children are also to be taken into account and from what amount inheritance tax is due, varies from case to case.

Compulsory portion

Even if you have been excluded from the inheritance, as a close relative of the deceased you can still invoke your right to a compulsory portion. This claim is often accompanied by claims for information, which can be asserted against the heirs. Gifts made during the testator's lifetime must also be taken into account in particular. The amount that must be taken into account and how the testator can counteract such a claim to a compulsory portion in advance is one of the most difficult problem areas in inheritance law.

With regard to the compulsory portion, special arrangements can also be made in a Berlin will by means of a variety of agreements, such as a withdrawal of the compulsory portion, a waiver of the compulsory portion or even a penalty clause. This is particularly useful in order to counteract differences between the co-heirs in advance and thus prevent the estate from being broken up.

Will

This so-called "testamentary disposition" not only gives the testator the opportunity to specifically determine the inheritance at his or her discretion, but he or she can also decide, by means of a bequest or a partition order, that individual objects of the estate or rights are to be assigned to certain persons or organizations and attach certain conditions to this.

If a will is not clearly formulated, the probate court must interpret it. This interpretation of the will is intended to determine the testator's true intentions. As clear as the testator's last will and testament may appear to be when he wrote it, it is often difficult for the probate court or the executor to understand it afterwards. If, in the worst case, errors are found, a contestation of the will could lead to the invalidity of the entire disposition.

In which cases it is worthwhile to draw up a will, which specific provisions it should contain and what can be done against a will that has already been drawn up should be discussed in detail with a specialist lawyer.

Berlin will

For spouses and registered partners, a Berlin will is the most common form of testament. In addition to the reciprocal inheritance, arrangements can be made here in particular regarding the shares of the children and even grandchildren. Tax aspects should not be ignored here under any circumstances.

However, a so-called remarriage clause can also regulate the effects in the event of the surviving spouse marrying and thus prevent, for example, non-family third parties from participating in the estate of the already deceased spouse and thus reducing the inheritance share of the children.

Wills in special circumstances

If a child as a potential heir is overindebted or has a disability, there is always a risk that the estate will fall into the hands of creditors or social welfare agencies. In this case, an over-indebtedness will or disability will can ensure that access to the estate is prevented.

A divorced spouse may also be able to participate in the estate in the event of probate proceedings involving a joint child. This can be effectively countered with a divorce will.

Bequest, division order, condition

A certain person does not always have to be appointed as heir in order to receive parts of the estate.

By way of a bequest, certain objects or rights from the estate can be granted without the beneficiary belonging to the community of heirs. In principle, the testator is free to determine who is to receive what.

Partition orders give the heirs instructions on how to divide the estate among themselves, and both the heir and the legatee can be burdened with conditions.

How these means of arrangement can be used effectively can often only be answered and implemented by an experienced attorney.

Execution of wills

Once the estate has accrued, the question often arises as to who is responsible for the proper settlement of the inheritance.

In this case, an executor can be appointed. When this makes sense and what needs to be considered here should be discussed in a detailed consultation.

Pre- and postnuptial succession

Often, a testator wants to use succession to ensure that his or her inheritance reaches the correct addressee (successor) across several deaths (preheirs). However, the conditions to which this may be subject and the advantages and disadvantages of this procedure are usually unclear.

In which cases this means of structuring inheritance law is appropriate at all must be discussed in detail with a specialist lawyer for inheritance law.

Inheritance tax

Finally, the question often arises as to the extent to which an inheritance is taxable. In addition to taking advantage of the personal inheritance tax allowance and the family home advantage in the case of inheritance, lifetime transfers and clever structuring - such as a reservation of usufruct - can serve to save the heirs considerable taxes. This area is particularly relevant in the context of business succession.

Community of heirs

If several persons are appointed as heirs, the entire estate assets pass to them as a community of heirs. This so-called community of joint heirs can only dispose of the inheritance jointly. Therefore, an appropriate settlement of the inheritance must be brought about as quickly as possible. Depending on the interests of the heir concerned, well-considered action may be necessary in order to prevent, for example, a partition auction and thus a possible loss of estate real estate.

Our many years of experience in inheritance law have shown that often inconspicuous issues bring with them a whole series of further, far more complicated problems. Trying to find a suitable solution without legal assistance often misses the desired goal and, in the worst case, has the exact opposite effect.

Let us show you your legal options and, together with you, consider how you can achieve your will step by step.

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