We support you in all matters of inheritance law.
Inheritance law governs the transfer of assets and can be complex and emotionally taxing. Estate planning encompasses many aspects, such as securing the family’s financial future, maintaining family harmony, and ensuring the fair distribution of assets. Missing or unclear provisions often lead to disputes among heirs. To avoid such conflicts and ensure a clear succession plan, sound legal advice is essential.
We can help you in these areas
Enforcement of compulsory share claims
The compulsory share rule is a central component of inheritance law and ensures that close relatives who have been omitted from the will cannot be completely disinherited. Enforcing the compulsory share requires a thorough understanding of the legal provisions and careful preparation.
Those entitled to a compulsory share of the inheritance are:
Calculation of the compulsory share:
The compulsory share amounts to half of the statutory share of the inheritance and is based on the total value of the estate. This means that the calculation of the compulsory share is based on the entire assets of the deceased, including all assets and debts.
Steps to enforce the compulsory share:
Determining the value of the estate:
First, a complete list of all the deceased’s assets and debts is drawn up.
Claim Registration
The claim to a compulsory share is asserted in writing to the heirs.
Negotiations
An attempt is being made to reach an out-of-court settlement with the heirs.
Legal Action
If no agreement is reached, legal proceedings may be initiated.
Important Information on Enforcing Compulsory Inheritance Rights
Early consultation with a specialized lawyer can help you effectively enforce your claims and avoid legal pitfalls.
Go to the Page “compulsory Share Claims”Application for a Certificate of Inheritance
A certificate of inheritance is often required to prove one’s legal heirship and access the inheritance. The application is submitted to the competent probate court. Required documents include proof of inheritance rights, such as a will or proof of statutory succession.
Why is a certificate of inheritance important?
The certificate of inheritance serves as official proof of entitlement to inherit and grants access to bank accounts, real estate, and other assets of the estate. Without a certificate of inheritance, heirs may have difficulty enforcing their rights.
Requirements for application
To successfully apply for a certificate of inheritance, certain requirements must be met and various documents submitted. These documents serve to clearly prove the right of inheritance and confirm the applicant’s identity. The required documents include:
Steps to apply:
The process of applying for a certificate of inheritance involves several important steps that must be carefully followed in order to successfully obtain the certificate:
Application to the probate court
The application will be submitted to the competent probate court.
Submission of the required documents:
This includes wills, inheritance contracts, death certificates, and identity cards.
Inventory of the Estate
An inventory of the entire estate may be required.
Declaration of an Oath
Often, a sworn affidavit confirming the accuracy of the information provided is required.
Duration and costs of applying for a certificate of inheritance
Processing an application for a certificate of inheritance can take several weeks to months, depending on the complexity of the estate and the completeness of the submitted documents. The costs for applying for a certificate of inheritance depend on the value of the estate and are regulated by law. It is important to find out about the necessary steps and associated costs early on to avoid delays and unexpected expenses.
Assistance with applying for a certificate of inheritance
As lawyers, we can provide you with comprehensive assistance in applying for a certificate of inheritance:
Testament
A will allows for the individual arrangement of estate planning and can prevent disputes among heirs. It is important that the will is legally sound and regularly reviewed to ensure it reflects current life circumstances and legal requirements. Changes in family situation or financial circumstances should always be addressed in the will to avoid misunderstandings and conflicts. A well-drafted will provides clarity and security for all involved and ensures that the testator’s last wishes are respected.
Advantages of a will:
Avoiding mistakes when drafting a will
A will should be clearly and unambiguously worded to avoid misunderstandings and legal problems. We recommend consulting a specialist lawyer if you have any questions to avoid legal errors. Common mistakes when drafting a will include unclear wording, missing signatures, or overlooking important legal provisions. An experienced lawyer can help you avoid these errors and ensure that your last will and testament is clearly and legally documented.
Download Sample Templates
On our download page you will find numerous forms and templates designed to help you. All templates are free to use. Here is a selection of possible templates:
- Wills (various versions)
- Berliner Testament
- Power of Attorney for inheritance matters
- Power of Attorney for asset management
- Order for legal guardianship
- Revocation of a gift
- Inventory of the Estate
- and many more
Faqs
The supplementary compulsory portion claim allows those entitled to a compulsory portion to also participate in gifts that the testator made during their lifetime to reduce their compulsory portion. These gifts are fictitiously included in the calculation of the compulsory portion in order to increase it.
A waiver of the compulsory share of the inheritance can be declared during the testator’s lifetime by means of a notarized document. Those entitled to a compulsory share who waive their right to it often receive compensation in the form of money or assets. This waiver allows the testator to freely dispose of their assets without the possibility of later asserting claims to a compulsory share.
A will can be revoked at any time during the testator’s lifetime. This can be done by destroying the old will, drawing up a new will, or by making a formal declaration of revocation. It is important that the revocation is clear and verifiable to avoid future disputes.
Yes, a notarized will can also be revoked. Revocation is effected either by drawing up a new notarized will or by a formal declaration of revocation before a notary. Here too, the revocation must be clear and unambiguous.
The processing time can take several weeks to months. The costs depend on the value of the estate and are regulated by law.
A will is a unilateral declaration of intent that the testator can revoke at any time. An inheritance contract, on the other hand, is a binding agreement between the testator and one or more contracting parties, which can only be changed with the consent of all parties involved.
An inheritance contract can bring both tax advantages and challenges: Agreements within the contract that are fulfilled during the testator’s lifetime may be subject to gift tax. The shares of inheritance and legacies stipulated in the contract are subject to inheritance tax, making early tax advice crucial for optimizing the tax burden. Furthermore, gifts made within ten years prior to the testator’s death can be considered when calculating the statutory share of the inheritance and thus have tax implications.
Yes, the compulsory share can be revoked if the person entitled to it has committed serious offenses against the testator or their close relatives. The grounds for revoking the compulsory share are exhaustively regulated by law and must be described in detail in the will.
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