Inheritance Law

The following list is not final. We just want to give you a brief and concise first impression of our work. Please form your own opinion using our strictly anonymous case list:
Inheritance Law Case List

Determination of the right of inheritance

Legal and testamentary succession:
Interpretation of wills, support in the preparation of wills, drafting of wills, handwritten wills, verification of the effectiveness and invalidity of wills, post-inheritance-pre-inheritance, spouse's will, compulsory portion penalty clause, binding effect, Berlin will, ability to testify, attack on wills in legal proceedings, delimitation of appointment of heirs and legatee status

Contract of inheritance

Transfer of inheritance/ renunciation of inheritance:
Accompaniment of the contract negotiations, contractual solutions against access by creditors, preservation of estate assets (companies, properties), avoidance of the destruction of the estate, compensation

Certificate of inheritance procedure

Collection of certificate of inheritance/ declaration of invalidity

Determination of the status of heirs in legal proceedings (action for declaring heirs)

Renunciation of inheritance

Community of heirs / distribution of estate

Challenge of/action against resolutions of communities of heirs and companies

Management of the estate:
Necessary administrative measures, black money in the estate, foreign accounts in the estate, foreign real estate, renovation and sale of estate objects, co-heirs living on inherited property, prohibition on disposal, opinion-forming and decision-making, empowerment and authorization of individual co-heirs, joint and several debt actions, joint actions, finding funds, foundation under Liechtenstein law, Switzerland

Execution of wills:
Support in estate processing, proper servicing and defense against estate liabilities, obtaining information from banks, public authorities and registers, action against executors: assertion of compulsory portion claims, legacies, compliance with division orders, proper administration of the estate, damages

Action for information under inheritance law (accounting/accounting):
against inheritance owners
pre-receipts to be offset against previous recipients
against executors

Limitation of Liability to the Estate

Restrictions on disposal of the previous heirs, damages

Inheritance protection

Entitlement of the heir

Seizure of inheritance / seizure of expectancies

Estate processing / realization of estate objects

Joint resolution or approval of community of heirs:
Lawsuit for approval of administrative measure, lawsuit by co-heirs for reimbursement of expenses, assertion of a debt from the estate by co-heirs (claim for performance against community of heirs) or non-existence of a debt from the estate (negative declaratory action), blocking co-heir - what to do?

Internal compensation among the co-heirs / reimbursement of costs

Contract in favor of third parties in the event of death:
Life insurance, revocation of an old gift, deposit, pretender dispute, lawsuit against heir or community of heirs

Compulsory Portion

Defense and defense against compulsory portion claims:
Crediting of donations during lifetime, waiver of the compulsory portion, scope and valuation of the estate assets to be assessed, valuation of donations (time of the assessment), adjustment for inflation, black money, exclusion of the compulsory portion abroad (US inheritance law), real estate abroad

Assertion of the compulsory portion by legal action:
Information/ register of estates
Step action for information and payment

Tricks for reducing the compulsory portion

Compulsory portion supplement

Attachment of compulsory portion claims

Inheritance Tax

Privileged acquisition:
Ship shares, rental for residential purposes, tax relief for corporate assets 

Anticipated succession:
Crediting of advance receipts, principle of abatement, mixed donation, granting of right of residence, usufruct, family ties

Declaration and notification obligations

Legal remedies
Objection proceedings/ suspension of enforcement/ judicial urgent legal protection/ legal rescission

Estate division

Foreign assets in the estate:
Foreign accounts in the estate, black accounts in the estate (Switzerland, Luxembourg), subsequent taxation, double taxation agreements, self-disclosure, assets in the USA, find funds

Domestic assets in the foreign estate:
Restricted certificate of inheritance, foreign law certificate of inheritance, witness will, living trust, certificate of inheritance hearing, consulate, sale of domestic assets, US Trust, Jersey Trust, Liechtenstein Foundation, Switzerland

Exertion

Power of Attorney and Living Will

Corporate succession

Regulation by testamentary disposition

Regulation in articles of association (succession clauses)
Continuation clause, succession clause (simple and qualified), entry clause, collection and assignment clause, right of first refusal

Publications

Our law firm was selected as an experienced law firm with a central focus and specialization in inheritance law, to work on the nationwide BGB comment - the online BGB comment, publisher: von Göler - in inheritance law. We have commented on the provisions of inheritance law in Section 2038 BGB (joint administration of the estate) and Section 2039 BGB (inheritance claims) as well as Section 2078 BGB (challenging wills due to error or threat). Extensive explanations can be found with detailed references to literature and current case law, including the following topics:

- Challenge of wills
- Interpretation of wills
- Disputes among the co-heirs
- Legal enforcement of estate claims by the heirs or for the heirs
- Claims against co-heirs
- Majority of heirs/ community of heirs
- Resolution in the community of heirs
- Types of management
- Reimbursement of administration costs / recourse against the co-heirs
- Claims for compensation for use against co-heirs
- blocking co-heirs / duties of co-heirs to cooperate
- Information to co-heirs
- Challenge of resolutions of the community of heirs
- Attack of resolutions/proceedings in legal action/declaratory action
- Exclusion of heirs
- Settlement of the estate
- Disinheritance
- disappointed expectation of care

and much more

The comments are available at:

1. § 2038 BGB
   https://bgb.kommentar.de/Buch-5/Abschnitt-2/Titel-4/Untertitel-1/Gemeinschaftliche-Verwaltung-des-Nachlasses
   (Zitiervorschlag: Gast, Wenzel in von Göler/BGB/Kommentar/2019/§ 2038, RN. …)       
2. § 2039 BGB
   https://bgb.kommentar.de/Buch-5/Abschnitt-2/Titel-4/Untertitel-1/Nachlassforderungen
   (Zitiervorschlag: Gast, Wenzel in von Göler/BGB/Kommentar/2019/§ 2039, RN. …)        
3. § 2078 BGB
   https://www.bgb.kommentar.de/Buch-5/Abschnitt-3/Titel-1/Anfechtung-wegen-Irrtums-oder-Drohung
   (Zitiervorschlag: Gast, Döring in von Göler/BGB/Kommentar/2015/§ 2078, RN. …)

The field of activity in inheritance and estate matters can be very extensive and complex. We have a lot of experience and have been active in all possible sub-areas and have been active in the past. Some of Gast Rechtsanwälte’s main areas of activity to date can only be described as an example and in key words as follows: