Settlement of inheritance

Settlement of inheritance

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In the event of disputes under inheritance or company law, real estate must sometimes be transferred from the joint estate (community of heirs) or the company assets. Various instruments are available for the settlement among the heirs: Inheritance shares can be transferred, individual properties or co-ownership shares can be transferred to the heirs, or property can be acquired by way of a so-called stratification, i.e. all remaining heirs withdraw from the community of heirs (possibly in return for compensation). The last remaining co-heir then becomes the sole owner.

It is also advisable to enter the “correct” beneficiaries in the land register. In the event of inheritance , these are the heirs. To do this, the succession must be proven to the land registry in a publicly notarized form. As a rule, a certificate of inheritance or a European Certificate of Succession is required. If a notarized will is available, this can also be used as proof together with the opening protocol. The entry of the heirs in the land register is free of charge for the first two years after the inheritance at the land registry and should be carried out.

If properties are part of a company’s assetsFor example, in the assets of a civil law partnership (GbR), it is advisable to have the register application of the GbR notarized by a notary before the purchase agreement is concluded, which enables the GbR to be identified for the purchase agreement and conveyance via the deed number of the register application. Once registration has been completed, the identity of the eGbR can be designated with the deed number. In this way, the identity of the GbR can be consistently proven by public deeds and the composition and existence of the company can be proven to the land registry. Since 1.1.2024, GbRs that wish to change a “registered” right, i.e. also the ownership of a property or, for example, easements etc., must first be entered in a (GbR) company register (Section 47 (2) GBO in conjunction with Sections 707 et seq. of the German Civil Code).

Both (heirs/GbR) can delay the actual property transaction. These corrections should therefore be addressed at an early stage.

A notarized settlement agreement is required for the actual transfer of properties from the community of heirs to individual heirs or for the transfer from a company to individual shareholders. In some cases, more cost-effective alternatives are available, such as layering or accretion. Feel free to contact us, we. find the right way to do this, also in consultation with their tax advisor.