Small or large matrimonial property regime for asset protection *- concerning the ex-manager of a DAX company, a public prosecutor suspects tax evasion as a result of the use of a matrimonial property regime. The legal counsel of the person concerned will consider filing a criminal complaint for alleged violation of official and service secrets. […]
If donations are for the purpose of community protection, but are not gifts…. The Federal Court of Justice (BGH, ruling of 6 May 2014, file no. X ZR 135/11) decided that donations to non-marital partners with the purpose of securing the death of the donor are not gifts. If the cohabitation fails, such donations must […]
Assets are protected from the insolvency administrator – in the event of death the situation is different: The Federal Court of Justice (BGH, ruling of 08.12.2016, ref. IX ZR 257/15) ruled that the general and insolvency-independent waiver of surrender of the (residual) assets of a provident fund (UK) for occupational pension provision (bAV) can be […]
Foundations offer the entrepreneur far-reaching advantages The state explicitly acknowledges the commitment of donors with generous tax breaks and benefits related to the law of public benefit. Even if it is not always comprehensible to outsiders at first glance that the charitable trust foundation in particular offers attractive advantages for citizens and efficient solutions to […]
– 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 […]
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 […]
How are statute-barred loans and gifts treated in tax law and insolvency? In the guest article, Dr. Fiala and Peter Schramm explain how fictitious payments lead to the tax burden. The Federal Fiscal Court decided in a ruling of 9 February 2015 (file no. I B 32/14) that the statute of limitations for claims […]
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 […]
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 […]
“Live today – save later” – this is often the motto when an annuity insurance policy is to be sold for a one-off payment. Some insurers offer this to their customers due to an emergency situation even if there is no longer a contractual legal claim to it after the start of the pension. On […]
