Inheritance law regulates what happens to the assets of a deceased person. In Germany, upon the death of a person (succession), their assets (inheritance) are transferred in their entirety to one or more other persons (heirs) (principle of universal succession).<\/p>\n\n
It is important to think about how you want to organize your estate in good time. This is not only due to the desire to avoid disputes among the heirs or to provide for individual family members. An arrangement may be necessary, for example, to avoid tax burdens or to ensure that assets are protected from access by third parties.<\/p>\n\n
A notary is not always necessary, but often recommended.<\/p>\n\n
Legal succession:<\/p>\n\n
The starting point for inheritance law considerations is statutory succession. Sometimes the will of the testator(s) coincides with provisions that the law in Sections 1924 et seq. of the German Civil Code (B\u00fcrgerliches Gesetzbuch, BGB) stipulates as a kind of standard. The heirs are divided into classes, whereby descendants (children, grandchildren), spouses and close relatives of the deceased have priority. For example, if a testator leaves a spouse (in the statutory matrimonial property regime) and two children, the wife inherits \u00bd and each child \u00bc according to the statutory order of succession. The three of you then form a community of heirs. Modern family structures without marriage or patchwork families, on the other hand, are not optimally reflected in the law.<\/p>\n\n
If the statutory succession does not lead to the desired results or additional dispositions, e.g. bequests of individual items, are desired, a regulation is usually required. The same applies if it is uncertain whether intestate succession can apply due to a foreign connection.<\/p>\n\n
Designs:<\/p>\n\n
Inheritance law is not limited to wills. There are various instruments available to you for structuring your estate: These include inheritance contracts, legacies, pre-legacies, conditions, instructions, pre- and post-inheritance succession arrangements and a great deal can also be achieved by means of company law regulations (bypassing inheritance law).<\/p>\n\n
The freedom of design is limited by mandatory provisions of inheritance law, such as the right to a compulsory portion and the right to a supplementary compulsory portion. Nevertheless, with the cooperation of those affected, many wishes can be realized through waivers of inheritance or compulsory portions.<\/p>\n\n
In some cases, inheritance regulations alone do not lead to the desired results. Lifetime dispositions, for example house transfers or measures for company succession, are then necessary. This can go hand in hand with the establishment of a family company (or foundation) early on in family life. Assets (e.g. land and apartments) can be contributed via family companies and passed on to the next generation and possibly the generation after that every 10 years, taking advantage of the tax allowances. If private and business assets are intertwined, timely structuring avoids unpleasant tax surprises. We will be happy to work with your tax advisor to help you find the right structure.<\/p>\n\n
Will and contract of inheritance<\/strong><\/p>\n\n <\/strong>A will can be handwritten or drawn up by a notary. <\/p>\n\n A handwritten will must be written and signed by hand and should contain the date and place of writing. <\/p>\n\n The notarial form offers greater security and is particularly recommended for more complex family or financial relationships. Inheritance tax considerations are important for medium-sized and larger estates. Please use our forms to submit your initial data. We can then arrange an appointment for a preliminary meeting.<\/p>\n\n \n Will <\/h4>\n