Inheritance law and taxes

Inheritance tax limits the legal structuring options to a not inconsiderable extent. For this reason, legal advice on inheritance law must keep the tax aspect in mind.

Inheritance law and taxes in advisory practice

Both when advising on the preparation of a will and when reviewing an existing will, it is part of the advisory practice of our inheritance law specialists to check whether a transaction is relevant for inheritance tax purposes at all. In a second step, the amount of tax is then determined. Other arrangements can then be considered that create a favourable tax situation with a comparable result.

Cooperation with tax experts

We are happy to work together with your tax advisors or advise you on special inheritance tax problems in conjunction with our trusted tax advisor.

Inheritance tax and gift tax

The acquisition upon death is subject to inheritance tax, just as a gift inter vivos would be taxed. The widespread assumption that assets transferred shortly before death as a gift would be tax-favoured is therefore not true.

The tax burden can only be reduced if the gift is made at least ten years before the death of the testator. This is due to the inheritance tax and gift tax allowances, which are available in full every ten years in relation to the deceased.

Planning with a view to inheritance tax

Planning the transfer of assets to an heir in good time can significantly reduce the burden of inheritance tax. On the other hand, the testator may be strongly bound to the future heir or limit his own power of disposal over his assets.

This is where targeted legal advice can provide considerable certainty. Our tax lawyers will work with you to find a way that takes into account all aspects of the transfer of your assets during your lifetime.