Succession, Wealth, Foundations

 

The experts of our Succession, Wealth & Foundations practice group advise (families of)
owners and wealthy private individuals on all aspects of corporate and private property succession.

Our advice ranges from a modular-based analysis of the status quo and the execution of anticipated inheritances in a legally and tax-optimised manner, to the drafting of a complex last will and testament. We have particular know-how in this area at the interfaces between inheritance law, corporate law, foundations law and tax law. Our practice very frequently has points of contact with foreign legal systems, in which we are also able to provide you with tailor-made advice through our large international network of various experts.

Below, we have compiled several standard lectures in this practice area, which we will be supplementing on a regular basis with new topics and current developments. Together with our interdisciplinary network of renowned experts, within the framework of our Oppenhoff NextGen Academy we also offer the specific preparation of the next generation of corporate managers and property owners for their future positions of responsibility.

More details can be found on the separate page of the Oppenhoff NextGen Academy.

Dr. Axel Wenzel, LL.M.

Partner

Telephone: +49 221 2091 455
Telefax: +49 221 2091 333 

Austria, Bulgaria, Croatia, Czech Republic, Hungary, Liechtenstein, Romania, Slovakia, Slovenia, Switzerland

Current topics of succession, wealth and foundations law

Lecture content

This lecture covers the current topics of succession, wealth and foundations’ juris-prudence and legislation at any time.

Target group

Specialists, legal practitioners in general, managing directors

Duration

45 - 60 minutes

Classics and current developments at the intersection between inheritance law and corporate law

Lecture content

This lecture comprises a mixed bag of interesting structures, but also dangerous pitfalls, to be found in the practice of counselling wealthy clients and covers inter alia topics ranging from compulsory portions law and switching the marital property regime, succession clauses and severance provisions, to family foundations and ultimately the EU Succession Regulation.

Target group

Employees without legal expertise

Duration

90 minutes

Provisions on succession and severance in company agreements
Lecture content

This lecture explains the legal possibilities and boundaries of severance provisions at partnerships and German private limited liability companies (GmbH). Furthermore, it explains the different succession clauses in the various legal forms and puts them into context with the severance provisions.

Target group

Variable

Duration

90 minutes

Testaments and statutes – important things to note

Lecture content

A lack of synchronisation between a last will and testament and statutes can have catastrophic consequences for the family wealth. The aim of this lecture is to identi-fy the pitfalls and show you how to avoid them.

Target group

Employees without legal expertise

Duration

40 minutes

Rights to shares in usufruct (including tax law aspects)

Lecture content

Especially within the scope of an anticipated inheritance, how the entrepre-neur/benefactor is further provided for is of decisive importance. The reservation of usufruct is particularly important in this connection. This lecture presents the civil and tax law framework conditions, possibilities and structures.

Target group

Employees without legal expertise

Duration

40 minutes

Peculiarities of corporate succession with minors

Lecture content

Numerous peculiarities must be considered when donating wealth to minors as a gift – especially if the wealth in question is an enterprise. This lecture identifies the main points of the law governing minors, the possibility of representing minors, the liability risks they bear as shareholders and the possibilities open to them as entre-preneurs.

Target group

Employees without legal expertise

Duration

40 minutes

Enterprises with the regime of the equalisation of accrued gains

Lecture content

In practice, enterprises are frequently excluded from accrued gains through the so-called modified community of accrued gains. Should this not be the case, however, this creates many problems, which we present in this lecture.

Target group

Employees without legal expertise

Duration

40 minutes

Cross-border transformations
Lecture content

The lecture presents the various possibilities for cross-border transformations.

Target group

Legal practitioners in general, interested employees

Duration

90 minutes

Contracts of inheritance

Lecture content

A contract of inheritance is a versatile structuring instrument of inheritance law. This lecture discusses the requirements, the various structuring possibilities and the consequences.

Target group

Employees without legal expertise

Duration

30 minutes

The “Berliner Testament”

Lecture content

This lecture addresses the popular joint last will and testimony of spouses, the so-called “Berliner Testament”. The requirements and various structures are dis-cussed, as well as the risks (in particular in connection with corporate holdings) and the consequences.

Target group

Employees without legal expertise

Duration

30 minutes

Provisional succession and reversionary succession

Lecture content

Provisional succession and reversionary succession are instruments of inheritance law which enable the implementation of diverse structuring possibilities. The lec-ture provides an overview of this instrument, its framework conditions, structuring possibilities and consequences.

Target group

Employees without legal expertise

Duration

30 minutes

Executorship

Lecture content

The lecture identifies the various types of executorship. It explains the legal frame-work conditions and powers as well as the liability and remuneration.

Target group

Employees without legal expertise

Duration

40 minutes

Avoidance, respectively reduction of compulsory portion claims

Lecture content

This lecture identifies the main points of the law on compulsory portions. Particular attention is given to the diverse possibilities of defending against or reducing com-pulsory portion claims.

Target group

Employees without legal expertise

Duration

40 minutes

The marital property regime switch – a versatile instrument

Lecture content

This lecture addresses the various advantages of switching between the property regimes of a marriage or civil partnership: gift tax exemption, reduction of compul-sory portion claims, use of exemption thresholds within the scope of the anticipated inheritance. Particular focus is given to the marital property regime switch as an important instrument for reducing the compulsory portion.

Target group

Employees without legal expertise

Duration

30 minutes

Possibilities of the anticipated inheritance

Lecture content

In vivo transfers of wealth are explained in this lecture from the civil and tax law perspectives by way of example of particularly successful or unsuccessful structures used in practice.

Target group

Employees without legal expertise

Duration

40 minutes

The revision of gift and inheritance tax law

Lecture content

The inheritance or in vivo transfer of wealth can lead to a considerable tax burden. For certain assets such as art, real estate or enterprises, it is possible to obtain tax relief, in some cases up to 100%. Here, much has taken place over the last few years. The lecture presents the possibilities and requirements of the tax relief.

Target group

Employees without legal expertise

Duration

40 minutes

The civil law foundation – a versatile instrument

Lecture content

The lecture addresses the various forms of foundations and their respective ad-vantages and disadvantages: charitable foundations, family foundations, company-related foundations, double foundations and limited term foundations. It explains the legal framework conditions, the foundation options, structuring of the statutes and much more.

Target group

Employees without legal expertise

Duration

60 minutes

The family foundation
Lecture content

 

The civil and tax law framework conditions of the civil law foundation in the form of a family foundation as well as the possibilities of using this form.

Target group

 

People without legal expertise, legal practitioners

Duration

60 minutes

Foundations during the low interest phase

Lecture content

Existing foundations are finding the low interest phase particularly challenging. This lecture discusses the legal framework conditions for investments, investment opportunities and D&O liability, respectively its avoidance. It also discusses the treatment of distressed foundations. The lecture is an excellent accompaniment to the lecture “The limited term foundation”.

Target group

Employees without legal expertise

Duration

90 minutes

The limited term foundation – the new possibilities

Lecture content

Particularly during low interest phases, times are hard for existing foundations and potential founders shy from setting up a foundation as only its earnings can funda-mentally be used for the foundation’s purpose. The limited term foundation (Ver-brauchsstiftung) can be an interesting alternative for potential founders and existing foundations. This lecture is an excellent accompaniment to the lecture “Founda-tions during the low interest phase”.

Target group

Employees without legal expertise

Duration

30 minutes