activelawSpecialty Areas
Inheritance Law

Inheritance Law in Hannover. Ordering assets, securing the family.

We draft wills and succession plans, pursue forced share claims and dissolve communities of heirs, with an eye on assets, family and business.

Glückliche Familie mit lachendem Kind auf den Schultern des Vaters zu Hause
Wills and inheritance contracts

Shaping the handover between generations clearly

Provisions that are missing or contradictory lead to family disputes, to assets that cannot be dealt with, and to a tax burden that could have been avoided. We order the estate so that it holds.

  • Single wills, joint wills and the Berlin will, aligned with tax allowances and forced share clauses
  • Inheritance contracts with binding effect, where a provision revocable by one side is not enough
  • Legacies, directions on division and conditions, to steer particular assets
  • Powers of attorney and advance healthcare directives as a complement for the time before death
  • Notarial recording and official custody in our own notarial office
  • Alignment with the marriage contract, together with our practice area Family Law
Lifetime gifts

Transferring assets early and using tax allowances

Transferring early allows the allowances to be used more than once and keeps the drafting in your own hands. What matters is that the transfer does not endanger your own provision and can be reversed if circumstances change.

  • Gift agreements reserving a usufruct, a right of residence or a right of recovery
  • Transfer of property, financial assets and tangible assets within the ten-year period
  • Waivers of the forced share and provisions on set-off, to limit later claims
  • Equalisation payments between siblings
  • Where the property is let, a review of the existing leases with our practice area Commercial Lease Law
Business succession

Securing shares and business assets across generations

In business families it is the alignment of the articles of association with the will that decides whether the company survives the succession. Where the two diverge, the shareholding passes to people the articles never provided for.

  • Reconciling succession clauses in the articles with the will and the inheritance contract
  • Qualified succession, entry clauses and the handling of claims for compensation
  • Provision for a minor successor, including a power of administration
  • Transferring shares in stages while retaining the voting rights
  • The shareholding itself is structured by our practice area Corporate Law
Family foundation and family pool

Pooling family wealth for the long term

Where assets are to be held together across several generations, a testamentary provision is not enough. It governs the transfer, not the administration that follows. That calls for a structure which does not depend on individual decisions.

  • Setting up private family foundations, with their statutes, purpose and governing bodies
  • Family companies as a family pool, for the joint administration of property and financial assets
  • Retaining the control and voting rights of the transferring generation
  • Protection against claims arising from professional liability and against the risks of long-term care
  • Custody structures, powers of attorney that survive death and banking mandates, with our practice area Banking Law
Inheritance disputes and executorship

Forced share, co-heirs and winding up the estate

Where it comes to a dispute, information about the estate comes before payment. Anyone who does not know what the estate holds cannot put a figure on a claim. We act out of court and before the courts, throughout Germany.

  • Certificate of inheritance proceedings, actions for information and actions for division, to dissolve communities of heirs in dispute
  • Pursuing and defending forced share claims and claims to supplement the forced share
  • Identifying and valuing assets in the estate, from property to a securities account
  • Taking on the executorship and winding up the estate as the testator intended
  • Where the estate is over-indebted, limiting liability with our practice area Insolvency Law

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Frequently Asked Questions

Answers to the most important questions

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How large is the forced share?
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The forced share amounts to half of the statutory share of the estate and is a claim for money, not for particular items. Descendants, the spouse and, where there are no children, the parents are entitled to it. Gifts made in the ten years before the death can increase the claim.

Does a will have to be recorded by a notary?
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No. A will is also valid if it is written out entirely by hand and signed. A notarial will has advantages: it is kept in official custody, and it often removes the need for a certificate of inheritance. An inheritance contract, by contrast, always requires notarial recording.

What is a Berlin will?
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A joint will in which spouses appoint each other as sole heir and the children as final heirs. It secures the surviving spouse, but it can trigger forced share claims by the children and disadvantages in tax. It is therefore worth looking at allowances and forced share clauses before it is made.

For how long can a forced share be claimed?
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The claim becomes time-barred after three years. The period runs from the end of the year in which you learned of the death and of your exclusion from the will. To put a figure on the claim you have a right to information from the heirs, which comes before the demand for payment.

How is a community of heirs in dispute dissolved?
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Every co-heir can demand the division of the estate. Where no agreement is reached, what remains is the partition sale of any property and an action for division. Both cost time and value, so we first seek a division agreement, which we can record in our own notarial office.

What happens if the estate is over-indebted?
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Liability then needs to be limited before it reaches your own assets. The estate can be renounced within six weeks of learning that it has passed to you. After acceptance, estate administration and estate insolvency proceedings remain, and both confine the creditors to the estate itself.

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