The right to transfer assets to third parties in the event of death varies greatly around the world. In Germany, the principle of universal succession applies. This means that at the moment of death, all of the deceased's rights and obligations pass to their heirs. 

Who becomes the heir is determined by sometimes complex regulations. The testator is not completely free in his power of disposal; in Germany there is the so-called statutory share. This means that, regardless of the testator's wishes, certain relatives (children) cannot be completely excluded from the inheritance. Other countries have different regulations, and various possible international (including and especially within the EU) deviations must be taken into account in the design area. 

Since the assets to be inherited are becoming ever larger and personal wishes are to be implemented, an analysis of the wish and the development of the various options for implementation are of great importance. This applies to "normal" private assets, but even more so to succession planning in companies. 

Avoiding stressful, lengthy and costly legal disputes afterwards is usually only possible if the testamentary disposition can withstand judicial review. Not every clause in a will, even if it has been notarized, will ultimately withstand this review - possibly after many years and different developments in case law. 

We advise all affected or involved persons on all inheritance law issues. In the event of death, someone is often entrusted with an office through a disposition, the implementation of which may be foreign or unfamiliar to them (executor), or whose handling they are or feel unsure about. Not everyone is equally gifted or confident in legal and economic matters. Such offices usually come with specific duties which may be non-transparent and whose violation can have unpleasant consequences. 

We advise on all inheritance law issues, from drawing up the will to asserting claims in court or defending against such claims. Our advisory work also includes tax issues, as a sensible transfer of assets is not only conceivable in the event of death, but can also be useful if planned in advance and for the long term.