Asset planning, succession, succession law

Private wealth is on the rise in Germany. This leads to a growing need for the development of optimal legal and fiscal structures for private assets. One area requiring particular attention is asset succession, with solutions including transfers inter vivos by way of an anticipated inheritance, for instance in the form of a donation, as well as astute inheritance planning.

When transferring private assets in Germany and abroad, it is crucial to ensure that all assets are transferred to subsequent generations in a legally secure manner and preserving their value in as much as possible. Provisions have to be made for a potential divorce as well as for the possibility of assets passing to minor children. In all areas, the scope for optimization available under the applicable civil and tax law must be used to the fullest extent.

Within the BRANDI Specialist Group for asset planning, asset succession and inheritance law, we have certified specialized attorneys for inheritance and tax law, most of whom are also notaries, at all of our offices, ready to discuss and solve any issues arising in this area.

Priorities

Succession law

  • Design of last wills
  • Revocation of a last will
  • Contracts of inheritance (notarial)
  • Withdrawal from a contract of inheritance
  • Directions pertaining to legacies and conditions
  • Prior and subsequent succession, also excepted prior succession
  • Order of the execution of a will
  • Will to the benefit of persons with disabilities, in need or overly indebted
  • Provisions for the offsetting and balancing of gifts
  • Renunciation of inheritance
  • Renunciation to the compulsory portion
  • Inheritance tax
  • Agricultural succession law (farm regulations)
  • Determination of the legal succession including spousal inheritance rights
  • Acceptance and renunciation of the inheritance
  • Contesting of the acceptance of an inheritance
  • Securing the estate through curatorship of the estate
  • Liabilities of the heirs, obligations of the estate
  • Administration of estates
  • Insolvency of estates
  • Community of heirs
  • Contesting a will
  • Interpretation of a will
  • Accepting or rejecting the office of the executor
  • Remuneration of the executor
  • Dismission of the executor from office
  • Compulsory portion regulations
  • Obligation of the heir to furnish information
  • Offsetting of gifts against the compulsory portion
  • Request for the issuance of a certificate of inheritance
  • Revocation of a certificate of inheritance
  • Purchase of an inheritance, transfer of shares of an inheritance
  • Compensation for special services provided by a descendant, including care services

Asset succession and company succession

  • Succession planning
  • Legal and tax succession model
  • Prevention of claims for compulsory portions
  • Anticipated succession
  • Transfer of company assets
  • Foundation of family-owned businesses/family pools
  • Establishment of foundations
  • Sale of companies
  • Enduring power of attorney
  • Entrepreneur's last wills, testamentary and prenuptial of the entrepreneur
  • Execution of wills (e.g. in case of underage heirs)
  • Transfer agreements
  • Agreements on the renunciation of the compulsory portion
  • Lump sum provisions

Asset planning

  • Legal consulting with regard to asset management
  • Legal structuring of (family-owned) companies
  • Prenuptial agreements
  • Legal models for invested capital, in particular for investment funds