Inheritance law
The law of inheritance
Our team of specialized lawyers can also advise you on important questions of inheritance law relating to wills, inheritance contracts, estate planning, inheritance tax, etc.
Inheritance law is often about more than just legal issues. In addition to the complex questions of inheritance law, emotions and family issues are often of great significance. Advice on inheritance law usually takes place after the death of the testator. Sometimes it helps to arrange the estate planing preemptively.
International inheritance cases
International inheritance law
International issues often play a role. Cross-border employment is becoming more and more the norm.
This often results in a binational marriage at first, which consequently leads to the assets being distributed over different countries. Sometimes it’s just about transferring a holiday home on Mallorca. A situation becomes international as soon as the testator had a foreign nationality.
At the same time, tax law aspects must be taken into account when planning an estate. International inheritance cases in particular often have special tax law aspects. It is therefore strongly recommended that you contact a competent lawyer at an early stage.
FAQ
Questions & Answers
Who can make a will?
Every adult person in full possession of spiritual powers.
Can I disinherit people? Can I be disinherited?
Yes, but it depends on your relationship with the disinherited or disinheriting person. A compulsory portion to which the heir is entitled can only be denied under legally defined conditions. These include criminal offences such as attempted murder of the testator or willful bodily injury.
What types of wills are there?
There are two possibilities for the last will and testament:
- the hand-written will is drawn up by the testator himself and must be signed by the testator himself and contain the place, date and full name.
- the public will is drawn up by the notary and is only signed by the testator and authenticated by the notary. The public will is officially kept in safekeeping and is opened after the death of the testator.
What is the Berlin Testament?
In a joint will, spouses are the sole heirs. The so-called “Einheitslösung” has the advantage that the heirs can freely dispose of the estate. In this case, the inheritance is seen as a a whole. The children and other heirs receive the inheritance only after the death of the last spouse.
In the so-called “Trennungslösung”, each spouse appoints the other to be the first heir and the third party to be the second heir and at the same time the substitute heir in the event that the other spouse dies first. Accordingly, there are two separate estates and the first heir remains the owner of his estate.
What is the inheritance tax?
Inheritance tax is payable when someone inherits. It is divided into three tax categories and each group of people is entitled to different maximum allowances. The tax rates can shrink the inheritance enormously. Together, we will work out a strategy to transfer your assets with the minimal lost.
What happens if the testator leaves debts?
Heirs should always check whether they are willing to accept the inheritance by investigating whether the testator was over-indebted. By inspecting the accounts with the help of the will and the opening order, the heirs can check the financial circumstances.
Please note that there is a period of six weeks for the inheritance to be seized, during which a declaration must be made before the probate court.
What is the particularity of a community of heirs?
If there are several heirs, they become a community of heirs and can only dispose of the inheritance jointly. If the heirs cannot agree, each heir can demand that the community of heirs be dissolved. The condition is that the testator has not excluded the division of the inheritance.
Any more questions? We are happy to advise you.
Fields of expertise
Expertise & special fields within inheritance law
Our experience and expertise relate in particular to the following areas of law.
Will & Inheritance contract
We would be happy to support you in setting up a last will. A future dispute between heirs can be prevented in the best possible way through careful planning in advance.
Disputes between communities of heirs
In succession planning, it is important to avoid the creation of a community of heirs that is incapable of acting. However, once such a situation has arisen, the only thing that often helps is the settlement of the community with the support of a professional.
Inheritance tax law
International inheritance law
Each country has its own national inheritance law. We also receive support in foreign legal systems from an international network of colleagues specialised in inheritance law.
Compulsory portion law
If your statutory inheritance rights have been violated, we will take care of the assertion of your compulsory portion and, of course, also the best possible defence against corresponding claims.
International estate planning
Transfer of private assets during lifetime, preparation through property regulations, execution of wills, avoiding the fragmentation of succession.
Advising family offices
Corporate succession, foundation law and other corporate law solutions.
Applying for a certificate of inheritance
We are also happy to assist you in applying for a certificate of inheritance and completing your inheritance tax return.
Compulsory portion law
If your statutory inheritance rights have been violated, we will take care of the assertion of your compulsory portion and, of course, also the best possible defence against corresponding claims.
International estate planning
Transfer of private assets during lifetime, preparation through property regulations, execution of wills, avoiding the fragmentation of succession.
Advising family offices
Corporate succession, foundation law and other corporate law solutions.
Applying for a certificate of inheritance
We are also happy to assist you in applying for a certificate of inheritance and completing your inheritance tax return.
Your lawyers for inheritance law
Competent advice
In inheritance matters, it is crucial that you have a reliable and experienced lawyer on your side who is well versed in both national and international inheritance law and tax law. We specialise in preventing disputes through thoughtful planning.
