Succession planning is like drawing a map for the future. It ensures that your estate follows the desired path and does not get lost in the jungle of misunderstandings and conflicts. Legal succession forms the backbone of this planning, while a personalized will puts the reins in your hands. In this article, we will explore the nuances of legal succession and how a careful drafting of the will can avoid family conflicts.
Legal Succession: Structure and Influence on Succession Planning
In succession planning, legal succession is an indispensable element that comes into play when there is no will. This system, anchored in the civil code, governs the distribution of the estate among the deceased’s relatives. Its importance is crucial, especially in unexpected succession situations where no last will has been specifically drafted.
Legal succession is divided into clear orders. In the first order, there are the children, grandchildren, and the spouse of the deceased. The children inherit in equal shares, but the grandchildren and great-grandchildren only step in if their parents – the deceased’s children – are no longer alive. The spouse is particularly protected and inherits significantly, especially if there are no descendants.
If there are neither descendants nor a spouse, the second order applies, which considers the parents and siblings of the deceased. If these are also insufficient for distributing the estate, the grandparents and their descendants come into play, marking the logical continuation in the third order.
A notable detail in legal succession is the principle of representation: this ensures that the inheritance shares of deceased relatives are transferred to their direct descendants. This ensures that the assets remain within the family.
Moreover, the right to legitimate reserve provides fundamental protection for close relatives, such as children or the spouse. This right guarantees them a legitimate share, which amounts to half of their legal inheritance share. Even if a will does not consider these relatives, this minimum right remains guaranteed to them.
Legal succession applies automatically and can lead to unexpected or even undesired outcomes, especially when there are specific succession wishes. In such cases, it is advisable to draft a will or a succession contract to ensure clarity and consistency in the distribution of assets. Furthermore, current tax regulations, particularly regarding real estate, can significantly impact succession planning. After 2023, market values will indeed be used as a basis for inheritance tax, making it necessary to carefully verify the allowances.
In general, legal succession is a clear but rigid construct that allows for adjustments through personal planning solutions such as wills and succession contracts. These tools enable a targeted and personalized distribution of assets beyond the confines of fixed legal norms.
Strategic Drafting of the Will and Harmonious Regulation of Succession
Drafting a will is not just a legal formality but a strategic measure that clearly defines your last wishes and lays the groundwork for harmonious succession adjustments. A well-structured will avoids ambiguities and protects against family conflicts by individually regulating the distribution of assets.
The process of drafting a will begins with choosing the right form. A will must be entirely handwritten and signed by your own hand, or it must be notarized. Notarization is particularly recommended in cases of complex provisions or in joint wills, such as the Berlin will. In this case, notaries not only ensure formal legal validity but also provide advice for greater content clarity.
Drafting a will should be clear and precise to minimize the possibilities for interpretation. It is advisable to name the heirs specifically and formulate concrete provisions. Waivers of the legitimate share, which must be notarized and often come with compensation, can be useful to clarify which parts of the estate are excluded. This way, it is possible to achieve and strengthen clarity and consensus in advance.
To avoid conflicts, transparency plays a central role. Open conversations about succession arrangements with the family are essential to prevent misunderstandings and future disputes. Within these conversations, expectations and desires can be openly discussed, thereby avoiding surprises later on.
The management of real estate within a succession can lead to disputes. A real estate community, as opposed to an inheritance community, offers the advantage that the use of partial usage rights can be managed more flexibly. Liability is limited to proportional shares, which facilitates decision-making and minimizes disputes.
However, if conflicts do arise, professional mediation or dispute resolution can be helpful. Lawyers and mediators act as neutral mediators and can, thanks to their experience, help find common solutions and maintain family peace. These factors are essential for ensuring the legal validity of the will and preserving family harmony.