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Succession Planning & Gifts

There is often a desire to transfer assets to the next generation during one’s lifetime as part of structured succession planning. In addition to the area of company succession, the transfer of real estate or other assets by way of succession planning as a gift or in return for the reservation of certain rights is of great importance.

There are a variety of structuring options in this regard. It is conceivable to reserve rights of use (e.g. usufruct, right of residence) if economic benefits are to remain with the previous owners for the time being. In addition to the pure gift, (partial) payment obligations, consideration or ancillary obligations can also be agreed and rights of reclaim can be provided for.

If companies or parts of companies are assets, special challenges arise with regard to succession planning. Entrepreneurs are faced with the question of whether and to whom they should hand over their company as part of the succession process. In addition to an internal or external succession to suitable successors, a sale can also be considered as an alternative.

Asset succession combines Company Law, Family Law and Inheritance Law topics with often complex Tax Law issues that arise in the course of estate planning. We are happy to collaborate with your advisors (e.g. tax advisors, lawyers, banks) and implement the proposals developed in a sensible contract design.

Areas of Expertise:

  • Succession planning/gifts
  • Spousal benefits/goods swing (“Güterstandsschaukel”)
  • Family pool/family company
  • Transfer agreements/assignment agreements, possibly in return for usufruct, right of residence, life annuity
  • Business succession
  • General and precautionary powers of attorney for entrepreneurs
  • Foundations

Blog Notarial Services

  • Marriage, Partnership & Family
  • Notary
  • Real Estate
  • Succession Planning & Gifts

Real Estate Transfer Agreements

A transfer agreement (“Überlassungsvertrag”) is a notarised agreement whereby real estate is transferred by way of gift or in parts by way of gift. Transfer agreements are used, for example, when real estate assets are to be passed on to…

  • Inheritance & Bequests
  • Making Provisions & Certification
  • Marriage, Partnership & Family
  • Notary

Inheritance Law, General Power of Attorney & Co. – What needs to be considered when separating from a spouse?

Separating from a spouse not only brings emotional and financial challenges - it also raises questions on other levels. Many people do not immediately realise that a separation as such has no effect on the ex-partner's position under inheritance law…

  • Inheritance & Bequests
  • Marriage, Partnership & Family
  • Notary

“Berliner Testament” in a nutshell: Common Provisions, Advantages & Disadvantages

The Berlin Will (“Berliner Testament”) is a joint last will by a married couple under German Law. It regulates both inheritance cases of a couple via one document. The will usually names the spouses either way as the sole heir…

  • Copyrights
  • Inheritance & Bequests
  • Intellectual Property
  • Media Law
  • Notary
  • Succession Planning & Gifts

AI & Will Drafting – Why modern Wills should take Artificial Intelligence into Account

The rapid development of artificial intelligence (AI) is not only opening up new technical possibilities – it is also raising legal questions. Celebrities, artists and, more generally, creative people whose voices, faces or works could be reconstructed, used or otherwise…

  • Making Provisions & Certification
  • Marriage, Partnership & Family
  • Notary

Spousal power of attorney and spousal objection in a nuthshell

By establishing a power of attorney, another person – often a spouse or partner, a family member or another trusted person – can be granted the right to act on behalf of another person in matters relating to health and…

  • Corporate
  • Making Provisions & Certification
  • Notary
  • Real Estate

The Registered Partnership under Civil Law (eGbR)

The Civil Law Partnership (“Gesellschaft bürgerlichen Rechts” – GbR) is one of the most frequently used forms of company in Germany. Since 1 January 2024, the GbR can be entered in the newly created company register. In this case, it…