{"id":30493,"date":"2021-03-31T12:16:33","date_gmt":"2021-03-31T10:16:33","guid":{"rendered":"https:\/\/www.fiala.de\/?p=30493"},"modified":"2026-06-22T21:41:55","modified_gmt":"2026-06-22T19:41:55","slug":"anticipated-succession-asset-protection","status":"publish","type":"post","link":"https:\/\/www.fiala.de\/en\/anticipated-succession-asset-protection\/","title":{"rendered":"Anticipated Succession: Protecting Family Wealth During Your Lifetime"},"content":{"rendered":"\n
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Legal and Tax Advice for Testators on Matters of Succession<\/h2>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/section>\n
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Anyone who has built up private wealth<\/strong> during their lifetime, or who has received and grown family wealth<\/strong>, wants to see it remain within their own family or with their heirs<\/strong> in the future. The declared objective here is, of course, to preserve one’s wealth<\/strong> without it being eroded by the tax authorities or by potential inheritance disputes<\/strong>. To achieve this, it is enormously important to give thought to one’s own estate<\/strong> at an early stage<\/strong> and to address the topics of inheritance<\/strong>, the will<\/strong> and succession<\/strong>.<\/p>\n

So-called anticipated succession<\/strong> plays a special role when it comes to inheritance law<\/strong>, because it allows a transfer of assets<\/strong> to take place during one’s lifetime. In legal terms, a<\/b>nticipated succession<\/strong> can therefore be described in short as a gift <\/strong>to persons who would in any case be entitled to inherit<\/strong> from within the family, or to other potential heirs. The background to this “tax loophole”<\/strong> is the so-called gift-tax allowance<\/strong>, which can be used in full <\/strong>by the testator every 10 years<\/strong> without any tax<\/strong> or other levies becoming payable to the state. This allowance is comparatively high and, unlike the allowance on death, can be claimed repeatedly<\/strong>. This thereby enables the testator<\/strong> to pass on even larger amounts of wealth<\/strong> to their descendants over a longer period of time<\/strong>. <\/p>\n

There are, of course,<\/strong> further reasons to put arrangements in place in advance in order to secure one’s own wealth<\/strong>. In addition to the inheritance of private assets<\/strong>, the question may also concern the preservation of family businesses<\/strong> or other connected assets<\/strong>, such as companies<\/strong> and the like. Here, alongside securing the assets<\/strong>, the continued existence of the business is clearly the priority. The aim is to proactively prevent a break-up of companies<\/strong> through inheritance disputes. <\/p>\n

Furthermore, as a testator<\/strong> one should also bear in mind that an early succession may impose obligations on the heirs<\/strong>, as is frequently the case, for example, with the transfer of real estate<\/strong> and the granting of a right of residence <\/strong>or a usufruct<\/strong>. Which option is advantageous for the individual testator<\/strong> differs according to their personal circumstances and their further life planning<\/strong>. For tax purposes, both types of transfer<\/strong> can become relevant and put the tax authorities on alert. The so-called “maintenance and care obligation”<\/strong> should likewise be considered and regulated in good time <\/strong>by the testator<\/strong> in the context of a gift. <\/p>\n

The variations<\/strong> within the field of anticipated succession<\/strong> are manifold and, following a careful review of the individual circumstances <\/strong>require a strategic approach<\/strong> as well as legally sound<\/strong> and long-term<\/strong> planning.<\/p>\n

Get in touch with us – we are happy to advise you! <\/p>\n<\/div>\n<\/div>\n<\/div><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/section>\n

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Anticipated Succession: How We Support You<\/h3>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/section>\n
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