Private and business assets require special protection. Aspects of inheritance law and family law play a central role in this.
In particular, for self-employed individuals, entrepreneurs, and business people, family disputes can also impact the company and the business 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 scenario, could threaten the economic existence of the company, and to protect private and business assets, the law firm MTR Rechtsanwälte offers competent legal advice for Private Clients also in family law and inheritance law.
Especially family disputes and inheritance matters can threaten private and business assets. Therefore, it is important to take timely preventative measures through suitable actions.
Particularly when assets are unequally distributed between spouses, it is advisable to consider a prenuptial agreement. Without a prenuptial agreement, the statutory regulations automatically apply, some of which have not been changed for decades and often no longer meet today’s societal requirements. For example, a married couple without a prenuptial agreement automatically lives under the statutory matrimonial property regime of community of accrued gains. This means that each spouse is entitled to half of the accrued gains achieved during the marriage. The value of a business, shares, or real estate is also taken into account in the equalization of gains. In the event of a divorce, this can lead to the dissolution of property values and business assets.
In the prenuptial agreement, different agreements regarding accrued gains or pension entitlements can be made to protect the business or a practice from dissolution.
Furthermore, for family businesses or shares in companies, consideration must also be given in advance to inheritance and business succession. Without a will or inheritance contract, statutory succession automatically applies. This can lead to disputes among heirs and consequently endanger the company. Therefore, an appropriate solution should be found early on. It should be noted that statutory heirs usually have a compulsory share claim.
Experienced lawyers advise Private Clients on issues of inheritance law and family law.
