Inheritance law and succession · News
Our practice areas Anwaltskanzlei Bohn · Gersthofen · Augsburg area
Inheritance law and succession
Inheritance law and succession determine who receives what after a person's death, and how assets, property or a business can be transferred during life so that no dispute arises.
Lawyer Christiane Bohn advises at Anwaltskanzlei Bohn in Gersthofen private individuals, families and entrepreneurs in the Augsburg area, also online on request.
An inheritance case reaches people at a time when they are grieving and must also make decisions. We clarify the legal situation, indicate the deadlines and show pathways that do not place an unnecessary burden on the family.
How we support you
- Will and inheritance contract We draft and review testamentary dispositions so that they clearly reflect your wishes.
- Inheritance community We seek amicable solutions for estates involving property, accounts or corporate shares.
- Accept or renounce inheritance We clarify the arguments for and against acceptance, and observe the short statutory deadlines.
- Asset succession during life Gifts and transfer of property or holdings, as well as legal support for business succession.
- Compulsory portion (Pflichtteil) We examine claims and calculations, for compulsory portion (Pflichtteil) claimants as well as for heirs against whom a claim is asserted.
- Mediation in inheritance dispute If all parties wish, we facilitate discussions in which they develop the solution themselves.
- Inheritance tax and advice Consider inheritance and gift tax from the outset: will, gift and succession legally drafted, tax‑checked with tax advisers.
How we work
An inheritance dispute is rarely just a matter of numbers. Often siblings, parents and memories are involved.
Therefore we combine the legal review with a systemic consideration of the family and, where all parties wish, with mediation. We keep the roles separate.
As a mediator Frau Bohn is equally obligated to all parties and makes no decisions. As a lawyer she represents one side.
Undertaking both roles in the same matter is prohibited by law. Everything you entrust to us is covered by attorney‑client confidentiality.
FAQ
Frequently asked questions
Your question is not listed? Talk to us - we will gladly sort out where your matter belongs.
Get in touchHow long can I renounce an inheritance?
Six weeks. The period starts as soon as you become aware of the inheritance case and the reason for your appointment. If you are appointed by will or inheritance contract, it does not begin before notification by the probate court. If the deceased last resided abroad or you are abroad at the start of the period, the deadline is six months (§ 1944 BGB). A missed deadline can only be corrected under strict conditions. Therefore, seek a discussion early.
What is the compulsory portion, and how long can I claim it?
The compulsory portion is a monetary claim against the heirs amounting to half the value of the statutory share. It is due to children, spouses and parents if they are excluded from inheritance by will or inheritance contract. Parents are entitled to it only where there are no descendants (§ 2303 BGB). The claim generally prescribes after three years. The period starts at the end of the year in which you became aware of the inheritance case and your disinheritance.
Is a handwritten will valid?
Yes, provided it is entirely handwritten and signed in the testator’s own hand (§ 2247 BGB). The place and date should be indicated; if omitted, this may raise doubts about its validity. A will drafted on a computer is not sufficient. Whether the text expresses your wishes clearly is a separate matter, as ambiguous wording can later trigger disputes. Having it examined before it is finalised is worthwhile.
Can any co‑heir dissolve the inheritance community?
In principle, yes. Any co‑heir may at any time request the partition of the estate (§ 2042 BGB), insofar as §§ 2043 to 2045 BGB do not provide otherwise, for example where the deceased excluded the partition or it is postponed. If a property forms part of the estate, reaching an agreement on acquisition, sale or rental is usually less contentious than litigation.
How do lifetime gifts affect the compulsory portion and tax?
Gifts can trigger compulsory portion supplement claims. A gift is taken into full account in the first year before the inheritance, reduced by one tenth for each subsequent year, and after ten years it is disregarded. For gifts to a spouse, the period does not begin before the marriage is dissolved (§ 2325 BGB). Taxwise, the ten‑year aggregation applies. Anyone wishing to transfer assets early should consider both aspects together.
Contact
Let us speak
Whether inheritance case, separation or property query: Describe your concern to us, we will respond promptly. Phone: 0821 / 50894930 E‑mail: info@anwaltskanzlei-bohn.de