Your law firm at the heart of Munich | SINCE 1984
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Asset Succession

Setting the tracks early on
with foresighted strategies

Family assets are the result of life-long development work and economically smart, foresighted strategies – often spanning multiple generations. 
A single wrong decision may be all it takes to destroy assets.

The target should be to transfer your assets during your life and in the scope of the estate as comprehensively as possible. For this reason, we have made it our task to develop clearly phrased succession rules under the aspect of tax optimisation.

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Focuses in
asset succession

Asset succession

There is no other area where the interaction between family, inheritance and tax law is quite so relevant. The overview and knowledge of the interrelations, coupled with our technical competence and many years of experience in this respect, are prerequisites for customised succession rules.

We will adjust to your needs and consider your own pension as well as future perspectives while transferring your assets to the next generation in a tax-optimised manner.

Asset analysis

Optimal planning requires comprehensive asset analysis. Only once all assets have been evaluated can solution models to match your personal wishes and ideas be found.

Together with our cooperation partners, we will evaluate your company and/or real estate to develop an individual strategy after completion of the analysis.

Marriage contracts

Marriage-contract provisions are a frequent result of asset analysis. Depending on the individual case, e.g. separation of assets may be revoked in order to transfer division of accrued gains to the spouse tax-free. A marriage contract may also be concluded to found a new asset regime or as a modified community of accrued gains. Long-term marriages often use alternating asset regimes in order to perform the settlement and fair distribution under tax law among the successor generation.

Advanced inheritance, gifts

Exempt amounts for gifts can be claimed every 10 years. Living gifts are a subject of asset succession in order to fully use these. The target is transferred in usually high assets to the successor generation to a great extent tax-free and under consideration of the pension situation of the transferring person. Our experience shows that the uncertainties of the future should not be ignored. Customised models such as family pools and foundations are available for this. Real estate transfers with our sophisticated return transfer clauses will protect you against a risk of loss.

Testament design

Drawing up a testament for your remaining assets is still sensible, even if you make living gifts. We will make your asset succession perfect with a balanced testament developed to your specifications will. Inheritance disputes can be avoided by clear provisions.

Individual testament, inheritance contract, shared testament or "Berliner Testament": We will professionally support you in finding the right path and the matching solution for your specific situation.

Measures to reduce the legal portion

Spouses, registered life partners, offspring and parents may claim legal portions of an inheritance. This amounts to half the statutory inheritance claim. In light of increasingly complex family structures, the demand in measures to reduce the legal portion is growing. If no waivers of inheritance and legal portions are declared, we will consider these measures and develop a strategy plan according to your wishes – also in the long term, if desired – after asset analysis.

Vermögensnachfolge München, Beratung, Kanzlei Maltry

Asset succession
requires an integrated procedure

Stipulating a fair asset succession for all parties not only saves lengthy disputes about the inheritance. Integrated planning of succession will also avoid unnecessary tax payments and cost-intensive post-processing that may otherwise reduce the assets again.

Early integrated handling of asset succession will include all aspects and unavoidable conditions of family, inheritance and tax law. Starting a foundation or family company may decisively contribute to preserving your assets for the future as an individual design option. Measures like this one require specialist knowledge as well. Did you remember to make use of a sufficient pension for yourself when transferring your assets while still alive?

We show family entrepreneurs and wealthy persons how to find an asset succession that is satisfactory for everyone involved with comprehensive consultation and personal support– while preserving their interests and legally using the design options under tax law.

Your contact in
asset succession

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Renate Maltry

Specialist lawyer in family law and specialist lawyer in inheritance law, certified corporate succession consultant ZentUma, certified executor AGT e.V.

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