Rechtsanwältin und Notarin
Fachanwältin für Strafrecht
Attorney at Law
Certified Specialist for Criminal Law
Telefon: +49 421 3345666
Mitglied des Vorstandes
Listed as attorney and notary public by the Embassy of the United States of America Berlin and the Consulate General in Frankfurt am Main.
Listed as attorney and notary public by the Embassy of Canada Berlin.
Mitglied der Arbeitsgemeinschaft Strafrecht des DAV und Mitglied der Arbeitsgemeinschaft Anwalts-notariat im DAV
Mitglied der Deutschen Notarrecht-lichen Vereinigung e.V.
Most of us do not like to deal with the thought: What happens after I die? Perhaps this is the reason why only a small fraction of the population leave a testamentary disposition, i.e. a last will or a testamentary contract.
But that engages the legal succession, which often depends on chance and rarely reflects the will of the testator. For example, if the deceased leaves legitimate children, the surviving spouse can not dispose of the estate without their consent. If the children are minor, there is furthermore need for the involvement of the family court. In case of a childless marriage the parents of the deceased or his siblings are entitled to a share of the estate next to the surviving spouse.
Although, a will can also be built privately in writing. Such wills are often ineffective due to a lack of inherence to formal requirements, are not detected due to unsuitable storage or are ambiguous, so that the interpretation of the wording provokes controversy between the bereaved relatives. However, as a civil law notary I will advise you in detail, provide for a legally proper realization of your will and demonstrate meaningful alternatives. Thus, it is possible to consider dispositions for partitioning the estate, to arrange bequests, to stipulate testamentary burdens and execution of the will or to provide rules concerning substitute heirs, final heirs or prior and subsequent heirs. The civil law notary will also consider the compulsory portion of relatives. Following the notarization I finally arrange for the shipment of the document in the official custody and the registration in the central register of wills. Testamentary contracts are held in my own custody. After a succession a notarized last will often saves you a costly and time-consuming claiming for a certificate of inheritance.
A transfer of assets inter vivos in favor of the next generation is the ideal supplementation of a testamentary disposition. In connection with the planning of inheritance in certain circumstances tax consequences have to be considered. The notary public regularly cooperates with your tax advisor. A tax-efficient estate planning can sometimes require transfer of assets (e.g. real property, shares in a company) inter vivos. Potential motives behind those kind of transactions could also are, to hand over the asset management, which has become a nuisance, to the next generation and to involve the potential successor in the company at an early stage (business succession).
Contracts concerning the transfer of assets inter vivos can be designed highly individual. Often the transferor wants to withhold the uses of the transferred asset (e.g. a real property). This can be realized by consenting a usufruct. Furthermore annuities are often agreed, to supply the transferor, and recovery rights, reserved for specific events, are stipulated. If necessary, even a renunciation of the compulsory portion could be agreed, in order to exclude a dispute following the succession.
Arrangements following the succession
Even after the occurrence of an inheritance, the heirs can count in a comprehensive manner on the help of their notary public. Where the deceased has erected no notarial testamentary disposition, the heirs usually require a certificate of inheritance, in order to legitimize themselves to courts, government agencies, banks, insurance companies, etc. As a civil law notary I am drafting and notarizing the required application documents for the certificate of inheritance and taking over further correspondence with the probate court.
Where the deceased left several heirs, there is a heritage community between them. This community is focused on the partition of the estate, which can on request also be mediated with the assistance of the notary public. In general, the partition is then carried out by a special contract. Such an agreement must be notarized, if the estate includes real property, a share in a limited company or an inheritance estate. The same applies, if the settlement of the heritage community is connected with a donation at the same time. Beyond that, the notary public advises and supports the heirs in many ways, e.g. in the sale of a share in inheritance, or in connection with a waiver of the inheritance.