Inheritance law

Nahaufnahme zweier Hände beim Unterschreiben eines Dokuments – eine Hand hält einen Stift, die andere trägt einen Siegelring.

Reliable.
Strong negotiator.

Ein älteres Paar steht Arm in Arm draußen im Park, beide tragen warme Jacken und lächeln in die Kamera.

Lawyers for inheritance law

Are you thinking about your succession through a will or inheritance contract? Are you faced with the decision of whether to accept or reject an inheritance? Are you in disagreement with your family members about the inheritance?

Are you wondering how high the inheritance tax will be and where you can take advantage of tax benefits? Do you need support with topics such as anticipated succession, power of lawyer, living will or health care proxy?

Our specialised lawyers advise and represent you both in and out of court in all areas of inheritance law and asset succession, with a particular focus on company succession. At our offices in Öhringen, Schwäbisch Hall and Rosenberg, we offer tailored solutions that take into account both your personal and economic interests. As specialist lawyers in inheritance law, we enforce your rights – with sound expertise and negotiating skills.

Zwei ältere Personen halten sich einfühlsam an den Händen über einem Tisch mit Dokument und Stift.

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 through a will, inheritance contract or anticipated succession in good time 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 motive 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 as well as 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 is available within a period of six weeks.

  • Wills and inheritance contracts
  • Acceptance and waiver of inheritance
  • Lasting Power of Attorney
  • Advance healthcare directive
  • Carer’s decree
  • Advice on inheritance tax
  • Foundation law

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