Inheritance Law And Company Succession

Significant assets will be transmitted to the next generation by inheritance in the course of the coming decades. Many businesses and companies face a generation change among the management. The early analysis of transfer models under the laws of succession as well as the preparation and completion of an orderly business succession are essential to avoid future disputes. With our breadth and depth experience we master the legal and tax aspects of the inheritance law and are aware to the economical and emotionally challenging effects of a succession.

We advise and support our clients – taking tax aspects into consideration – on all issues of inheritance law and asset succession, especially:

Preparation of successions in general

This includes the design of wills and testament contracts as well as the draft of donation and transfer agreements. It goes without saying that we develop the tax-optimized solutions for you. Our comprehensive range of services includes:

  • Wills and testament contracts
  • Special testaments (such as for patchwork families, handicapped persons and others)
  • Donation contracts and transfer agreements with usufruct
  • Tax-optimizing of a succession
  • Company succession
  • Compulsory portion issues
  • Reviewing and adjusting articles of association and marriage contracts
  • Establishing and advising a foundation
  • Living wills and patient letters
  • International inheritance law

Representation before courts and authorities as well as towards heirs

To settle a succession our lawyers will support you in enforcing or ward off a claim towards other heirs or persons entitled to a compulsory portion always considering an economically reasonable and if possible an out-of-court solution. If necessary we defend your rights before all courts and authorities. Our range of services includes:

  • Heirship procedure
  • Legal proceedings before court to enforce or ward off compulsory portion claims
  • Representation towards fiscal authorities and courts, especially concerning inheritance and gift tax
  • Warding off recourse claims by the social welfare office (especially recoursing gifts)
  • Representation in the field of parental maintenance

Law on inheritance and gift taxes

In the field of inheritance and gift taxes we advise in advance of a case of death by planning a tax-optimized succession. We also represent you towards fiscal authorities after a case of death, if the tax applies to you.

  • Planning and optimizing the tax before a case of death
  • Advise in regard to the inheritance, gift and land transfer tax
  • Designing an inheritance and gift tax declaration#
  • Valuation of real estates for tax purposes
  • Representation towards fiscal authorities and courts, especially in regard of the inheritance and gift tax
  • International law of inheritance and gift tax

Administration of estates

Furthermore our advice aims at finding amicable solutions including mediations.

We are regularly asked to administrate estates by probate courts, charitable foundations and organizations as well as private clients. Moreover we regularly act as executors of testaments. Our services for you include:

  • Distribution of a inheritance
  • Mediation
  • Executions of testaments
  • Heir search
  • Temporary administration of estates
  • Estate administration
  • International processing of inheritances


Advisers

Werner Fuchs

Dr. Roland Grimm

Dr. Alexander Wirich

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