Inheritance law

Your partner in all matters of inheritance law: Gerken Rechtsanwälte

Inheritance law is one of the most sensitive areas of German law. It not only concerns material assets, but is often closely linked to emotions and family relationships. At Gerken Rechtsanwälte in Hamburg, you are in good hands when it comes to inheritance law, thanks to our extensive experience and ongoing training.

Before the inheritance
Estate planning: security for the future

Everyone has different motivations when it comes to planning their estate. Often the desire to create clarity for the surviving dependants and avoid disputes is paramount. This is where wills and inheritance contracts come into play, as they provide the framework for the transfer of assets. Gifts during your lifetime can also be an option for transferring assets in advance.

If no will exists: The legal succession

Legal succession applies if there is no last will and testament. It is important to understand that in the absence of a will or inheritance contract, family members inherit first and foremost. The exact inheritance shares depend on various factors, including the family status of the deceased and any marriage contracts.

Testamentary disposition: Will and contract of inheritance

There are many reasons why someone may wish to deviate from the legal order of succession. In such cases, a will or contract of inheritance offers a solution. It is essential to seek advice from a specialist inheritance lawyer. There are clear formal requirements for such documents. If they are not observed, they can become invalid, which is why professional advice is essential.

After the death
What happens next? The settlement of the estate

Dealing with an inheritance can be complicated, especially if there are assets abroad or there are uncertainties. As experienced inheritance lawyers, we can assist you with all these issues.

The right to a compulsory portion

If legal heirs are excluded from succession by a will or inheritance contract, they have the right to claim a compulsory portion under certain conditions. This is a complex topic and we will be happy to advise you.

When an inheritance dispute arises

Unfortunately, disputes in the context of inheritances are not uncommon. There can be many reasons for this, from the contestation of a will to ambiguities in the distribution. Our approach at Gerken Rechtsanwälte is to resolve such disputes out of court wherever possible. However, if legal proceedings are unavoidable, we will represent your interests vigorously.

The phenomenon of community of heirs

If several people inherit jointly, a community of heirs is created. This can lead to complex situations, as decisions often have to be made unanimously. Our aim is to show you ways in which you can remain capable of acting in such communities.