Law of succession

In a time when people are live increasingly longer and have significant assets or have earned such in the course of their lifespan, issues relating to succession is growing in significance. Those who have a family or a business, should think about making arrangements in terms of succession rights. Our lawyers specialising in succession law assist you in implementing such concepts.

Inadequate arrangements made by a testator during his/her lifetime may lead to protracted disputes over the inheritance linked with legal costs, high inheritance tax and substantial loss of assets. Succession issues involve complex matters which are also marked by the specifics of each individual case, so that advice and representation through a lawyer may become inevitable

Provision for property succession

An important field of expertise of our lawyers for succession law are consulting services in the transfer of assets to spouses and children. Wills and testamentary contracts secure the family fortune. In so doing, our lawyers for succession law are at your service with range of consulting services spanning from legal advice for 'ordinary' families on the question of how to reconcile financial security for a surviving spouse with the transfer of assets to children, through special constellations such as wills providing for disabled or needy family members, to provisions for complex estates of entrepreneurs and family businesses.

In particular, if the assets consist not only of bank deposits, but also of companies, shares in companies or real estate, matrimonial property law, company law and foundation law must be taken into account in succession planning. Our lawyers provide comprehensive advice in this regard, taking into account, for example, how clauses in wills can be reconciled with provisions in articles of association of companies and prenuptial agreements, and draft or adapt those essential contracts for you in addition to the testament.

Tax issues play an important role in succession law, in particular inheritance tax and gift tax, as well as income tax, as the transfer of real estate and companies may lead to a liquidation of hidden reserves, which may lead to an unexpectedly high income tax in that year. Our lawyers are able to resort to the in-house tax expertise or cooperate with the tax consultant of the client.

If you wish to dispose of your estate already during your lifetime, our succession lawyers will advise you in regard to the drafting of the donation contracts and transfer agreements with the aim of anticipated succession.

Consultation services in case of succession by qualified lawyers

Another area of succession law-related activities of a lawyer for succession law is to assist clients regarding the legal consequences of succession. When a death occurs in a family, the family members are confronted with a variety of succession-related matters. This starts with question of who the heirs are, in other words, an examination of legal or testamentary succession. Their expertise also includes the interpretation of wills, assertion of the compulsory portion in case of exclusion from succession, fulfilment of legacies and the allocation of assets among the heirs, i.e. the dissolution of a community of heirs. Our lawyers for succession law assist our clients both in developing a solution that avoids a dispute within the family and in case of an escalation of inheritance disputes to the litigation level. Our litigation work also includes consultation and representation of clients when applying for a certificate of succession in probate court.

As succession lawyers, we represent both heirs entrusted with the execution of wills and executors of wills in complying with their duties.

Consulting services in connection with succession law and in international issues

Thanks to many years of experience and constant further professional training, the experts of Derra, Meyer & Partner are in a position to provide competent counsel and guidance to their clients through legal complications especially in times of emotional turbulence.

Due to the international nature of our law firm, as evidenced by our own offices in Italy and Poland, cooperation in Russia, the Baltic States and Turkey, as well as our membership in the DIRO AG European network of lawyers, we have the necessary expertise to provide consulting services also in international cases.

 

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