Settlement of inheritance
In the area of estate distribution, our specialist lawyers for inheritance law deal with the relevant issues relating to the administration and distribution of property and other assets belonging to communities of heirs. Our experience in this field includes, in particular, the settlement of complex estates in Germany and abroad, the drafting of division plans, the organisation of division auctions and representation before the courts in inheritance distribution actions and in mediation proceedings.
Background of an inheritance dispute
An estate distribution, often also referred to as estate settlement, comes into play when a testator leaves several heirs. In this case, not every heir can dispose of their share of the estate. Instead, a so-called special estate is created alongside the heir's own assets. Only all heirs together can dispose of the items in the special assets. However, it is generally still possible to dispose of the co-heirs' share as a whole.
The aim of the division of the estate is to dissolve the community of heirs and transfer the inheritance shares to the respective assets of the co-heirs.
Ways of settling an inheritance
There are various ways to achieve a settlement of the estate.
For example, the co-heirs can decide by mutual agreement to carry out a personal partial settlement with one member of the community of heirs. The departing member usually receives a compensation payment, while their share of the inheritance accrues to the remaining members of the community of heirs or is transferred to them. However, there is no entitlement to a partial settlement.
In addition to settlement and partial settlement agreements, this also includes transfers of inheritance shares, settlement agreements, agreements on waivers in return for compensation and other matters.
The specialist lawyers at Schneider Stein & Partner can look back on many years of experience in the field of inheritance disputes and provide comprehensive advice to testators and heirs and find the best way to settle your community of heirs.
Ban on disputes
If the testator has an interest in restricting the distribution of the estate or, in some cases, only preventing it for a certain period of time, it should be borne in mind that the heirs can, in principle, unanimously disregard a prohibition on distribution. There is no actual possibility of restricting the power of disposal. As a rule, the execution of a will can be considered in order to effectively prevent a division of the estate.
Arrange a consultation to realise your ideas together with our specialist lawyers for inheritance law.