First, we calculate the latent inheritance tax in the status quo, based on your current assets, their projected future development, and the statutory rules of inheritance or your current will. In doing so, we calculate what the tax consequences would have been had yesterday been your date of death and what they would be if you were to pass away at the end of your statistical life expectancy. These concrete figures provide the foundation for “Basic Will Preparation,” to avoid worst-case scenarios—both tax-wise and legally.

Then, in Stage II, we propose ways in which assets can be transferred more advantageously via anticipated inheritance, based on further cash flow assumptions and calculations. We produce comprehensive scenario analyses, sometimes in coordination with your asset managers regarding returns and performance forecasts. Depending on asset size, different structures with varying degrees of complexity come into play. We are especially familiar with detailed usufruct concepts as well as foundation solutions. Our calculations do not just focus on “saved inheritance tax”; they also look at the cash flow implications of paying inheritance tax immediately versus reinvesting that amount. We also consider the interplay of income tax effects.

Every individual with assets should have a well-considered, clearly formulated will. Without one, statutory inheritance rules apply, which in the case of young individuals without children or a spouse can cause assets to go to parents and/or siblings. In any case, multiple legal heirs can end up in a joint heir community, where conflicts can easily arise. Tax planning opportunities often go unused. Many existing wills unintentionally trigger double inheritance tax exposure (keyword: “Berlin will”). We review existing wills, align them with your personal objectives and your asset situation, and update them in a tax-optimized manner. If no documents exist, we draft them for you based on your personal roadmap and tax-optimization opportunities. This gives us time to discuss a structured, preemptive succession plan with you and implement it.

The first step, however, is always an “emergency will.” At the same time, we will prepare the necessary documents for a temporary inability to act due to illness or accident, such as a healthcare proxy and a general power of attorney, as well as a living will. For international assets or situations, all these documents must be coordinated internationally. We guide you regarding which regulations must be observed and in which jurisdictions. Marriage contracts are also vital documents to protect assets in the event of divorce, including cross-border implications. If, within the scope of “Basic Estate Planning II” ([link]) we have implemented a strategy of anticipated succession, we will help you adapt your emergency will—previously an interim solution—accordingly.

We support you in all legal questions. For instance, we draft and review partnership agreements for your asset-holding companies. We establish arms-length cash management systems and loan relationships between you, your family, and your companies. We review asset management agreements, subscription documents for investments, PE and VC funds. For specialized legal issues, such as landlord-tenant disputes or employment law, our highly integrated network is at your disposal.