INHERITANCE LAW AND FAMILY LAW

INHERITANCE LAW AND FAMILY LAW PETERS Rechtsanwälte

Advising people on legal issues that relate to important private matters, is an essential task for us. We are well versed in inheritance and family law and support you with our experienced and highly specialised attorneys in finding a tax and strategically optimised structure for all your affairs regarding asset protection, succession, marriage, and divorce.

The German constitution guarantees the law of succession and places the family under special protection. It is a noble task of our commercial law firm PETERS Rechtsanwälte to provide long-term advice in this legal area. We fulfil this with passion! The focus of our advice an organized and safe transfer of assets. We develop an individual strategy that suits you and your family, and implement this strategy in a legally sustainable framework. Our range of services includes the drafting of inheritance and donation contracts, the drafting of wills and testaments, as well as complex advice on the transfer and protection of larger assets

Testament: WHICH FORM IS THE RIGHT ONE?

As experts in inheritance law and asset succession, we will also advise you on choosing the right form of testament. A joint will for spouses and life partners offers the possibility to make joint dispositions, for example by providing financial security for the surviving partner or spouse. The so called "Berlin Testament", in turn, is a special variation of the joint will and ensures that only the surviving spouse inherits the assets of the deceased spouse and the children, if any, are initially excluded from the succession. It is important to take all the details of legal succession into account. This is particularly true for patchwork families. In such cases, numerous undesirable situations mayarise, if there is no or a void will.

INHERITANCE LAW: DEVELOPING SUSTAINABLE CONCEPTS

Inheritance law also includes corporate succession. Together with you, we will develop an appropriate strategy, that focuses on the transfer of company shares. In order to preserve your source of income in the most effective way, we will work together to create a sustainable solution with regard to future generations. This will provide you personally, your company, and your successors with legal and tax security and offer the certainty to have made the right decision that will stand up to any scrutiny. Thanks to our network of experts, we can also assist you on the tax side, for example in calculating inheritance tax or planning tax-efficient lifetime gifts that make use of personal tax exemptions. In these situations, advice from specialised and experienced attorneys is particularly important: after all, the company should not be damaged in its substance in the event of inheritance. Therefore, it is recommended to think about the professional drafting of wills and articles of association at an early stage.

FAMILY LAW: FINDING AN AMICABLE SOLUTION

Family law is very closely linked to inheritance law. In this field of law, we mainly advise on the drafting of marriage contracts and on the settlement of amicable separations. In the case of divorce in dispute and alimony as well as in matters of parenthood, we are happy to consult a specialist colleague. At the intersection with inheritance law, we have been active for years, advising on the entire law of compulsory portions, including the enforcement and defence of claims.

PETERS Rechtsanwälte has been representing married couples in amicable divorce proceedings for many years, handling all communication with the other party and conducting the divorce proceedings in court. Within this framework, our attorneys also calculate compensation payments and alimony claims of the spouses and children and plead for an amicable solution to all questions concerning custody.

Experience has shown that disputes between partners can arise time and again, particularly in the area of visiting rights and custody law. Therefore, especially when a child is involved, spouses should rely on professional and experienced legal advice. In principle, both parents have an equal claim to spend time with their children. Family courts finally decide who receives custody or a right of contact after a divorce or separation.

COMPULSORY PART CLAIMS ENFORCEMENT AND DEFENCE

In principle, every person is free to decide whom they appoint as heirs and whom they will disinherit. No one has to justify why he or she wants to exclude a close relative from succession. However, these people are then entitled to the so-called compulsory portion. In short, this amounts to half of the statutory inheritance quota and can be claimed by the descendants as well as the spouse or registered partner. We at PETERS Rechtsanwälte obtain all the necessary information and take care of the calculation, the assertion of a payment claim or the defence against unjustified claims for the compulsory portion. We are experienced in the entire law on the right to a compulsory portion and can find, for example, solutions for a waiver of the compulsory portion, especially if claims may arise within the scope of a company succession. We are also active in contesting wills and defence against such attacks both in and out of court in order to help our clients succeed.

PETERS RECHTSANWÄLTE IN DÜSSELDORF - EXPERTS FOR INHERITANCE ISSUES

WHEN HEIRS NEED LEGAL SUPPORT, IT IS NOT NECESSARILY BECAUSE OF A FAMILY DISPUTE. OFTEN IT IS NOT CERTAIN WHETHER A WILL IS VALID OR WHO ACTUALLY INHERITED. OUR LAW FIRM IN DÜSSELDORF WILL CLARIFY INHERITANCE MATTERS FOR YOU.

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