Your specialist for
Law of succession
Upon the death of the deceased, the estate in its entirety vests by law to the heirs. A distinction must be made between related and named heirs. In the absence of a valid testamentary disposition, the statutory succession applies. This may not comply with the testator’s will. Law of succession is complex. We are legal experts and take care of your concerns.
Law of succession
We assist with
Wills, contracts of succession, inheritance renunciation contracts
You intend to settle your estate during your lifetime and avoid inheritance disputes? Then it is essential to make your will in the form of a public deed or in holographic or oral form. It is also possible to conclude a combined marriage and inheritance contract or an inheritance renunciation contract. We can advise you about the various possibilities.
Advance care directive
A person with capacity to act may instruct a natural person or legal entity to take responsibility for their personal care or the management of their assets or to act as their legal agent in the event that they are no longer capable of judgement. The advance care directive must be executed in holographic form or publicly authenticated. If the formal requirements are not complied with, the adult protection authority (KESB) will examine measures. Do you want to prevent the KESB from interfering in your affairs? We will be happy to advise you and set up the necessary documents.
Contract of division, completion of division
When several heirs inherit the estate, on succession and until such time as it is divided, they form a community regarding all rights and obligations of the estate. The division of the estate becomes binding on the heirs once the lots have been determined and received or upon conclusion of the contract of division. The contract of division must be completed in writing to be valid. We advise you on performing the division and draft the contract of division.
The heirs who receive less than the value of their statutory entitlement may request the abatement until their statutory entitlement becomes available. Furthermore, the statutory heirs are under a mutual obligation to place into a hotchpot any property received from the deceased during their lifetime as advancements against their share of the estate. We will support you in enforcing your claims through the courts.
Execution of wills, administration of estates
In the will, the testator may appoint one or more persons with capacity to act to execute the will. The executors’ function is to represent the testator’s wishes and, in particular, to administer the estate, settle debts left by the testator and divide the estate in accordance with the testator’s instructions or as required by law. Mr. Roland Schmid is an experienced specialist in this field and can act as your executor.
Are you part of a disputed community of heirs? Do you and your co-heirs disagree on individual points or are uncertain about the legal situation? We provide neutral expert opinions on the disputed legal issues. Often an out-of-court settlement can be reached and a costly court case avoided.