Private wealth and business assets require special protection. In this context, aspects of inheritance law and family law play a central role among others.
Particularly for the self-employed, entrepreneurs, and tradespeople, family disputes can also affect the business and its assets. Inheritance disputes, as well as separations and divorces, can become problematic for one’s own business or practice. To avoid negative consequences that, in the worst case, can jeopardize the economic existence of the company, and to protect private wealth and business assets, the commercial law firm MTR Legal offers comprehensive legal advice in family law and inheritance law for private clients.
Family disputes and inheritance matters can specifically threaten private wealth and business assets. Therefore, it is important to take preventative measures in a timely manner.
Especially when wealth is unevenly distributed between spouses, it is advisable to consider a prenuptial agreement. Without a prenuptial agreement, the legal regulations apply automatically, some of which have not been changed for decades and often no longer meet today’s societal requirements. For example, a couple without a prenuptial agreement automatically lives in the statutory property regime of the community of accrued gains. This means that each spouse is entitled to half of the gains accrued during the marriage. The value of a company, shares, or real estate is also included in the equalization of accrued gains. This can lead to the disruption of real estate values and business assets in the event of a divorce.
A prenuptial agreement can include different provisions on the equalization of gains or pension rights adjustment to protect the company or practice from disruption.
Furthermore, for family businesses or shares in companies, it is important to think about succession planning and business succession in a timely manner. Without a will or inheritance contract, statutory succession applies automatically. This can lead to disputes among heirs and subsequently endanger the company. Therefore, an appropriate solution should be found early on. It should be noted that statutory heirs usually have a compulsory portion claim.
Experienced attorneys advise private clients on inheritance and family law issues.
