Lawyer for inheritance law in Munich for wills, foundations etc.
Are you looking for a lawyer for inheritance law in Munich? You will be advised well in the law firm Höchstetter & Koll.
- Dr. Höchstetter has more than 20 years of experience as a lawyer in inheritance law (since 2013 specialist lawyer for inheritance law).
- Professional advice and comprehensive representation in the areas of inheritance law and international inheritance law
- Dr. Höchstetter is a member of the Working Group for Inheritance Law of the German Bar Association (DAV)
As lawyers and specialist lawyers for inheritance law in Munich, we attach great importance to safeguarding our clients’ interests and, if necessary, to seeking ways of reaching an out-of-court settlement. Höchstetter & Koll. – Your lawyers in matters of inheritance law and law of succession.
Looking for a suitable specialist lawyer? These are our services in the field of inheritance law in Munich
The client’s interests are paramount and, simultaneously, in matters of inheritance law it is important that the will of the testator is safeguarded. We offer our clients various services with regard to inheritance law. This includes the drafting of wills and inheritance contracts in Munich, as well as the enforcement of compulsory portion claims and the execution of wills.
Together with our clients, we draw up an inheritance contract that meets all legal requirements and, if desired, go through all points in detail. We advise our clients with regard to an impending inheritance dispute or the special case of a community of heirs. Our law office in Munich also has a specialist in the area of foundation law.
Our clients benefit from a Europe-wide network in the area of inheritance law
Experience, interdisciplinary expertise and comprehensive advice – These are the qualities that speak for the law firm Höchstetter & Koll. in Munich. Regular advanced training of all employees ensures an extremely high professional level.
The range of services in matters of inheritance law in Munich covers all important areas and the Europe-wide network makes national and international asset succession possible. Law firm Höchstetter & Koll. in Munich – Your competent, reliable partner in Munich in all questions of inheritance law as well as international inheritance law.
Important questions on the subject of inheritance law
Who can inherit?
According to the principle of the freedom to make a will, a testator can freely determine who his heir will be. Who can inherit depends on the ability to inherit. According to Section 1923 BGB (German Civil Code) every person who is alive at the time of inheritance is capable of inheritance. This also applies to embryos as they are already considered to be born under paragraph 2.
What is an estate inventory?
The estate inventory is a list of all assets and liabilities of the testator’s estate. It also contains their description and their value. Assets include, for example, all the decedent’s land, his undertakings or holdings in undertakings, or his bank balances, investments, etc. The liabilities must have existed before the death of the deceased or must have been established before his death.
Why does an estate inventory have to be drawn up according to inheritance law?
The estate inventory is drawn up by the executor and gives the heirs concrete information about the value of the estate. If liabilities exist, the creditors can also assess the estate on the basis of the estate inventory.
In addition, an estate inventory is required for the payment of inheritance tax and for the determination of compulsory portion claims.
When is a will falsified according to inheritance law?
A will is “authentic” if it comes from the testator and “false” if it does not come from the person who is designated as the issuer of the document. Either the content or the signature of the will can be falsified. A will is regarded as falsified if the expert “with a high probability assumes a falsification” (according to the BayOLG (Higher Regional Court of Bavaria), decision of November 29, 2000 – ref: 1ZBR125/00) and the court therefore has justified doubts as to its authenticity.
What is the compulsory portion of an inheritance?
Due to the freedom to make a testament, the testator can in principle disinherit his next of kin. However, since the statutory law of succession follows the concept of a family connection of property, the compulsory portion guarantees a certain group of persons a minimum share in the estate, even if these were not considered or disinherited by the testator. The right to a compulsory portion exists in accordance with Section 2317 BGB and grants the beneficiary a monetary claim against the heirs and no material participation in the assets of the testator.
Who are the persons entitled to a compulsory share?
The persons entitled to a compulsory portion are listed in Section 2303; these usually include the testator’s children and his spouse or partner in a registered civil partnership.
The parents of the testator are entitled to a compulsory share if the testator has no children.
The grandchildren of the testator are entitled to the compulsory portion if the child of the testator, who is also the parent of the grandchild, has already passed away. The grandchild thus derives his claim to the compulsory portion from his deceased mother or father.
How high is the compulsory portion in inheritance law?
According to Section 2303 BGB, the compulsory portion amounts to half of the value of the statutory portion of the inheritance. The first step is to determine the legal portion of the inheritance, which is then halved. If, for example, the statutory portion of the inheritance amounts to half of the testator’s assets, the compulsory portion consequently amounts to ¼ of these assets.
What is an inheritance share purchase agreement?
According to German law, heirs have the option of selling their inheritance share and thus selling their share of the estate. The inheritance share purchase agreement may also contain obligations for which the purchaser of the inheritance share purchase agreement is then liable.
An inheritance share purchase agreement requires notarization.