Asset protection: Protect your private or business assets from creditors and insolvency From our daily practice we know that there are a number of different ways to lose your assets and also your old age provision. The classic cases in the private sector go far beyond the extent of inflation and tax liability. For example, […]
Artikel zum Thema: Estate
No speculation with death by transfer of the life insurance
The Federal Supreme Court (BGH, ruling of 27 June 2018, file no. IV ZR 222/16) decided that to insure the life of another (the insured person, CP), the consent of this CP is also required at a later date. This applies not only to the original conclusion of the contract, but also if only the […]
Compensation for heirs in the event of failure to provide medical euthanasia
The Higher Regional Court of Munich (OLG, Az. 1 U 454/17, judgement of 21.12.2017) sentenced a family doctor to pay 40,000 € – inherited – compensation for pain and suffering for immaterial damages to the heir. The deceased had been artificially fed, among other things by a PEG probe, and kept alive for about 21 […]
Tariff change brokers provide prohibited legal advice – but not always!
– When is liability for damages and reimbursement of remuneration regularly incurred ? – The Regional Court (LG) Saarbrücken decided in its judgement of 17.05.2016 (Az. 14 O 152/15) that the search for savings possibilities with existing private health insurance (PKV) is not directed at the proof or mediation of an insurance contract, § 204 […]
The elimination of the irrevocable subscription right by revoking the life insurance policy
– How heirs or insolvency administrators can subsequently collect the contract value – If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription right, contesting the insurance contract, as well as revocation of the conclusion of […]
What is the subscription right worth in life insurance?
The elimination of the irrevocable subscription right by revoking the life insurance policy – How heirs or insolvency administrators can subsequently collect the contract value – If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription […]
The elimination of irrevocable subscription rights by revoking the LV
If a life insurance contract falls within the estate, it is first and foremost a matter of all rights of structuring; such as termination, revocation of a subscription right, contesting the insurance contract, as well as revocation of the conclusion of the contract itself. The legal claim for payment of the contractual sum insured is […]
Subscription right LV: How the contract value can be collected retroactively
How can the irrevocable subscription right be eliminated by revoking the life insurance? What options are available to heirs or insolvency administrators to collect the contract value retroactively. If a life insurance contract falls within the estate, all rights of structuring apply first of all; such as termination, revocation of a subscription right, contesting […]
No secure supply
Why Rürup pensions are not protected against insolvency / Neither protected against seizure nor suitable for old-age provision The Rürup pension is a typical tax-saving model. The seller’s trick is often to highlight the tax advantages at the beginning of the contract or in the savings phase, but to completely ignore the later risks […]
The broker’s commission claim for net policy brokerage
By the judgement of 06.03.2015 the regional court (LG Mannheim, Az. 1 S 74/14) dismissed the claim of a net policy broker for his remuneration: “However, a reference in bold type on the pre-formulated remuneration agreement, according to which the insurance broker’s claim for remuneration arises with the conclusion of the insurance contract and the […]