Business succession

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Lawyers for company succession

Planning your business succession is a crucial step in continuing the continuity and success of your life’s work. At RBB & Partner, we understand the complexity and emotional significance of this process. Our experienced lawyers offer specialized advice at our offices in Öhringen, Schwäbisch Hall and Rosenberg to balance your wishes with the needs of your business.

The correct drafting of a will, an inheritance contract or the decision to waive an inheritance are essential elements that require careful consideration. We assist you not only with the legal drafting, but also with strategic planning to ensure that your business and personal goals are achieved.

In addition, we recognize the importance of personal provision. Lasting powers of attorney, living wills and caregiver’s directives are essential to safeguard your wishes regarding your healthcare and assets in the event of your own incapacity to make decisions. We help you to draft these important documents precisely so that you and your loved ones are protected. We take the time to understand your situation and work closely with you to ensure a seamless and secure transfer of your business and assets.

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Areas of expertise

Inheritance law regulates what happens to assets after death. Many people rely on the fact that the legislator has already regulated everything in their favor. However, unregulated inheritance often leads to disputes between family members. It therefore makes sense to structure the succession of assets in good time by means of a will, inheritance contract or anticipated succession according to personal wishes, needs, values and tax optimization.

There are many ways of structuring wills under inheritance law and, for married couples in particular, there is the so-called Berlin will. A distinction must be made between non-married couples, single people and divorced people with regard to the different requirements for drafting wills.

Compared to a will, an inheritance contract has a stronger mutual binding effect for the testator and heirs. In particular, the degree of involvement and the role of the heir in shaping the succession through an inheritance contract must be emphasized. Changes to the content can only be made jointly.

Anticipated succession is the best way to regulate generational succession in order to preserve the assets – usually real estate or a company – as a whole. In addition to this main reason, another reason for anticipated succession is to avoid gift or inheritance tax and, in particular, to receive benefits from the heirs in return for care in the event of illness or nursing care or the granting of usufruct, right of residence, life annuity, etc. Last but not least, this facilitates later disputes within the community of heirs.

If the testator has not made any arrangements in a will or contract of inheritance, the assets are divided among the heirs according to intestate succession. Legal succession is determined by the degree of kinship.

If the deceased is inherited by several heirs – this is the more common case – a community of heirs is automatically created. A community of heirs is a community of joint heirs, i.e. a co-heir cannot dispose of his or her share of the individual items of the estate alone. Therefore, the aim of communities of heirs is often to distribute the estate through their settlement and thereby end the community of heirs.

The heir or heirs receive the assets as a whole, i.e. all existing contracts but also all debts. The question of whether the inheritance should be accepted or waived must be examined on a case-by-case basis. The option to waive the inheritance exists within a period of six weeks.

  • Will and Inheritance Contract
  • Acceptance and Renunciation of Inheritance
  • Business Succession
  • Power of Attorney
  • Living Will
  • Care Directive
  • Inheritance Tax Advice
  • Foundation Law

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