Legal Services
Advice on the transfer of wealth, on estates and on succession arrangements under German law. Planned with foresight – and firmly represented when a dispute arises.
Overview
Inheritance law is complex and often emotionally charged. Those who put their affairs in order early make the decisions themselves – those who leave it to the law leave the decision to the statutory rules of intestate succession and, all too often, to a dispute.
As attorneys, we advise on and draft wills, contracts of inheritance and lifetime transfers, guide business successions and represent you once an inheritance has already arisen. Where an instrument has to be recorded by a notary, this is a separate matter for the Notarial Office in Ahrensburg: a German civil-law notary (Notarin) is an independent, impartial public office holder who drafts and records legal instruments and advises all parties alike.
Services
01
We draft wills and contracts of inheritance (Erbverträge) so that your wishes are set out clearly and in legally sound form – including the joint spousal will known as the “Berlin will” (Berliner Testament), provisional and subsequent heirs, and the appointment of an executor. We advise you in advance on form and effect: handwritten or notarial.
02
Assets can be transferred during your lifetime without giving up control over them – for example by retaining a usufruct or a right of residence. We structure the transfer so that tax allowances are used and rights to reclaim the asset are secured.
03
We enforce claims to the compulsory share (Pflichtteil) and to its supplement, and defend heirs against unfounded demands. This includes claims for information and valuation against the heirs.
04
Several heirs have to decide jointly – which frequently leads to deadlock, particularly where real estate forms part of the estate. We negotiate the partition of the estate, advise in partition auctions and represent you in disputes among heirs.
05
We align your will with the articles of association so that succession does not fail because of a succession clause, and set up family pooling companies (Familienpools) through which assets are passed on while the power of disposal remains with you.
06
We apply for the certificate of inheritance (Erbschein), put the estate in order, review whether an over-indebted estate should be disclaimed and advise on the inheritance tax consequences of your arrangements – in coordination with your tax advisor.
Legally precise. Commercially minded.
The most effective arrangement is of little use if it cannot be explained at the family table. We therefore begin with your objectives – providing for your spouse, treating your children equally, securing the future of the business – and look for the arrangement that meets them while standing up in both legal and tax terms.
Personal advice
Rechtsanwalt
Attorney at Law (Florida)
J.-Alexander Bürger advises on inheritance law, business succession and succession planning. Wills, contracts of inheritance and advance planning documents are recorded by Darja Hannekum as German civil-law notary (Notarin) at the notarial office in Ahrensburg.
In detail
Drawing on many years of experience, we assist you in all matters of inheritance law. Whether you wish to secure your assets at an early stage, arrive at a fair succession arrangement or challenge a distribution of the estate you consider unjust – as attorneys for inheritance law in Hamburg and Ahrensburg, we advise locally and throughout Germany.
We assist you in preparing wills and contracts of inheritance so that your last wishes are set out clearly and in legally sound form.
We draft and review contracts of inheritance that create binding arrangements for the transfer of wealth within the family. Potential conflicts can thus be addressed before they arise.
In disputes among heirs, we represent your interests and work toward a fair, amicable solution. Where an out-of-court settlement cannot be reached, we represent you in court.
We advise those entitled to a compulsory share on enforcing their claims and support heirs in defending against unfounded demands.
We advise on German inheritance tax and help you take the tax aspects of your estate planning into account from the outset.
We support you in structuring anticipated succession, so that assets can be transferred during your lifetime on a sound legal footing and with the tax consequences in view.
We assist you in applying for a certificate of inheritance and clarify the legal questions connected with it.
We advise on setting up family pooling companies as a way of passing capital and real estate to the next generation. This structure allows you to hand on assets in the form of company shares while retaining the power of disposal over them for life.
We support you in planning and implementing the succession to your business: structuring succession arrangements, transferring shares and preparing the handover to the next generation.
In cross-border estates between Germany and the United States, we advise on German law and the German side of the matter and coordinate the cross-border aspects. Questions governed by the law of a US state are assessed by or together with appropriately licensed US attorneys; tax questions are handled with tax advisors or CPAs.
A carefully worded will, or a contract of inheritance tailored to the family’s circumstances, helps to prevent disputes among heirs and sets the starting point for tax purposes. We provide this legal advice as attorneys in Hamburg and Ahrensburg; instruments are recorded at the Notarial Office in Ahrensburg.
Whether in person at our offices in Hamburg or Ahrensburg, or flexibly by video call or telephone – we are available to you. Arrange a callback or call us.
Our foremost aim is to give you certainty and clarity at what is often a difficult and emotional time. We attach great importance to individual, personal advice that reflects your needs.
We follow the case law on inheritance matters continuously and take it into account in our drafting. With offices in Hamburg and Ahrensburg and digital channels of communication, we assist clients across Germany.
You call or write to us. We establish what the matter is about and which deadlines are running – such as the six-week period for disclaiming an inheritance.
In a consultation, we analyze your situation and explain your options, including the costs involved.
We agree on the course of action and represent you – in negotiations or in court.
Without a will, the statutory rules of intestate succession apply. The spouse, children and grandchildren inherit first. If there are no direct descendants, parents, siblings or more distant relatives are entitled to inherit.
A contract of inheritance is a binding agreement on succession and must be recorded by a notary. It is appropriate where several people are to be bound by the arrangement, for example in blended families or in business successions.
An heir succeeds to the entire legal position of the deceased, including the debts. A legacy (Vermächtnis), by contrast, gives a person a specific item or sum of money without making that person an heir.
By a clear and legally sound will, supplemented by a contract of inheritance where appropriate. Having the instrument recorded by a notary helps to ensure that the provisions are unambiguous and leave no room for misunderstanding.
Yes – but the will has to be aligned with the articles of association. If these contain a conflicting succession clause, it takes precedence over the testamentary disposition. We review both documents together.
Questions and answers
A will is valid if it is written entirely by hand and bears the place, date and signature – or if it is recorded by a notary. A notarial will has the advantage of precise legal wording and in many cases makes a certificate of inheritance unnecessary.
The compulsory share secures a minimum portion of the estate for close relatives – spouses, children and, in certain cases, parents. It amounts to half of the statutory share of the inheritance, takes the form of a monetary claim and has to be actively asserted.
An inheritance can be disclaimed within six weeks of learning of the succession and the grounds for it – important where the estate is over-indebted. Claims to a compulsory share generally become time-barred after three years, running from the end of the year.
The allowances vary with the degree of kinship, for example €500,000 for spouses and €400,000 per child. Inheritance tax is due to the extent that the acquisition exceeds these amounts. Since the allowances become available again every ten years, early planning is worthwhile.
The heirs can dispose of the property only jointly. If no agreement is reached, the remaining route is a partition auction – usually the least favorable outcome in economic terms. We therefore negotiate first on a takeover by one heir or a sale.
At the Notarial Office in Ahrensburg, the notary discusses your objectives with you, prepares the draft instrument and reads it aloud at the recording appointment. The notarial office then arranges for registration in the Central Register of Wills (Zentrales Testamentsregister), so that the disposition is found when the time comes.
Related topics
Succession clauses in articles of association, transfers of shares and corporate structures.
Notarial wills, contracts of inheritance, lasting powers of attorney and lifetime transfers.
Estates with a connection to the United States, assets abroad and cross-border succession.
Contact
We review the situation and discuss the next legal steps with you.
