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Inheritance Law

How does proper inheritance work?

Inheritance law is not a legal area like every other. Disputes around the inheritance from a deceased family member are often fought very emotionally. Personnel and financial questions make provisions on corporate succession a complex matter as well.

We bring in our legal know-how and well-versed network in order to guide you through the complicated mesh of provisions under inheritance law with the required professionalism.

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Focuses in
inheritance law

Testament design

If the legal succession is not what you as the testator desire, you can record your own will in a testament. You can stipulate heirs and order legacies as well as requirements, change or amend them. We will advise you on formalities and find clear phrasings for unique interpretation.

Inheritance contract

Like the testament, the inheritance contract will order your last matters, though it is concluded between at latest two persons and will only enter into effect by certification before a notary public. The inheritance contract has a more strongly binding effect than the testament and is recommended in particular for unmarried partners who cannot set up a shared testament.

Execution of wills

In many cases, it is sensible to order execution of will in the testament. This comprises, among others, administration and division of the estate as an execution of the will, we act in the interest of the deceased or the testator. We execute his or her last will to make it easier to solve any disputes between the heirs.

GO TO EXECUTION OF WILLS

Estate administration

Both heirs and estate creditors have the right to have an estate administration appointed by court if there are any uncertainties concerning the scope of assets or other contents. In the function of the administrator of the estate, we will determine, manage and distribute the estate. Beyond this, we will handle all estate liabilities.

International inheritance law

International inheritance law is one of the most complex areas of inheritance law. Applications of foreign legal rules must be determined just as well as the responsibilities of various courts. Since the European inheritance law regulation has entered into effect, the common abode of the testator has replaced nationality as the aspect of relevance. We are the right contact in case of ambiguities in inheritances with a foreign reference.

Family pools

Family pools are companies that families with high capital use for professional planning, organised administration and strategic management of medium and high private assets. We will find the right corporate form for you and support funding of your family pool. Asset succession in case of inheritance and tax-optimised distribution among the family members are some of the aspects of our specialised legal advice.

Inheritance and gift tax law

Inheritance and gift tax applies when an inheritance or gift – by way of advance inheritance – increases your assets. The due date and amount of the tax is, among others based on the degree of relationship between the heir and testator and the connected exempt amounts. Use our consultation!

Corporate succession

Controlled succession planning will ensure that your company passes into suitable hands. From restructuring to transfer of operations or transfer of shares, special legal features apply in any case– even if the operation remains within the family– and individual questions may arise. We will find the right answers for you.

GO TO CORPORATE SUCCESSION

Foundation

A foundation is an instrument to preserve assets in order to transfer them to the successors without harm caused by inheritance disputes. It usually pursues charitable ideas. In contrast to the testator's orders in a testament, the tasks of a foundation can be implemented without limitation in time and are impossible to undermine.

Living will

A living will is advisable for the case that you are temporarily or permanently unable to make independent decisions about medical measures. It defines the type and scope of medical treatment. We will gladly help you write your living will according to your own values.

Health care proxy

A health care proxy authorises a person of your trust to make decisions and to act in your interest when you are unable to state your own will. This power of attorney may refer to personal matters or be issued as a general power of attorney. We will tell you about its advantages and risks.

Care directive

A care directive stipulates at an early point of time who is to be your legal representative if you require custody and which tasks this person is to take over. For example, you can stipulate the organisation of your everyday life, including financial aspects, this way. Do you need help in drawing up the directive? We will be there for you.

Kanzlei Maltry, internationales Erbrecht

Individual solutions for the sensitive subject of inheritance

Many questions are connected to the subject of inheritance: Which options do you have to stipulate your last matters? How should a testament be designed to avoid disputes between family members? What legal rights and obligations do the heirs and those entitled to receive a legal portion have? Who will represent you and your interests if you are unable to do so due to illness or death?

We will find the matching answers with you in a legal consultation adjusted to your personal situation before the inheritance happens. As specialised lawyers, we are familiar with the many design options of inheritance law and will develop dedicated concepts optimised for you – under observation of all focuses under inheritance law. We will represent your rights after the inheritance as well, supporting you in inheritance disputes in and out of court.

Contact us early to ensure that your succession by inheritance will be handled according to your wishes and that your estate will go to the persons you wish to benefit.

Dealing with the subject of heirs and inheritance early on will ensure a succession in keeping with your wishes.

Your contacts
in inheritance law

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Renate Maltry

Specialist lawyer in family law and specialist lawyer in inheritance law

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Raphaela Hüßtege, Rechtsanwalt München

Raphaela Hüßtege

Specialist lawyer in inheritance law

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Alexandra Oldekop, Rechtsanwalt München

Alexandra Oldekop

Specialist lawyer in family law, focus area inheritance law

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