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Inheritance & Bequests

We advise on the structuring of succession through willsinheritance contracts or anticipated succession during lifetime, including gifts.

The first step in any inheritance consultation regarding estate planning is to assess the individual situation. This determines whether and to what extent an individual will, a joint will (e.g. in the form of a Berlin will) or an inheritance contract is appropriate, and which specific provisions should be included. The focus is on ensuring that the wishes of the testator are carried out and avoiding disputes between the heirs, with beneficiaries of compulsory portions (“Pflichtteilsberechtigten”) or within the community of heirs (“Erbengemeinschaft”). We also take into account special issues that may arise, for example, in the case of entrepreneurs, patchwork situations, and assets abroad.

When a succession occurs, we assist with the settlement of the estate, certify declarations of renunciation of inheritance (“Erbausschlagung”), apply for certificates of inheritance (“Erbschein”), executor’s certificates (“Testamentsvollstreckerzeugnisse”), and settle inheritance disputes. We are also happy to collaborate with tax advisors and external lawyers in all of these matters.

Areas of expertise:

  • Wills/joint wills
  • Inheritance contracts
  • Last wills and testaments in special inheritance situations, e.g. patchwork families, wills for disabled persons (“Behindertentestament”), wills for persons in need (“Bedürftigentestament”), wills for divorced persons (“Geschiedenentestament”)
  • Anticipated succession/gifts/transfer agreements
  • Waiver of compulsory portion (“Pflichtteilsverzicht”)
  • Renunciation of inheritance
  • Certificate of inheritance/European Certificate of Succession
  • Execution of wills (“Testamentsvollstreckung”)
  • Distribution of estates (“Erbauseinandersetzung”)

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…