Inheritance law & business succession

“What happens to my possessions after I die? This is a question that nobody likes to deal with. And yet it is important. We advise family businesses and private individuals on the creation and structuring of succession concepts for the transfer of businesses and assets to the next generation as well as to foundations, funds or trusts.”

AREAS OF FOCUS

  • Succession planning for entrepreneurs
  • Inheritance contracts and marriage contracts
  • Wills, bequests and testamentary dispositions
  • Settlement of estates
  • Donations (upon death)
  • Health care proxy

Viktor Thurnher

Partner

Alexander Wittwer

Partner

Gregor Lässer

Partner

Christian Wirthensohn

Partner

Gabriele Meusburger-Hammerer

Partner

Guntram Bickel

Partner

Dominik Bischof

Lawyer

Stefan Fussenegger

Lawyer

Business succession & inheritance law

When it comes to inheritance, important, very personal and well-considered decisions must be made. In addition to securing the long-term success of the company, the entrepreneur’s personal family situation is also at stake in most cases. We are well aware of these sensitive interests and demonstrate competence and tact. In addition to corporate law issues, such as (majority) voting rights, resolutions on the appropriation of profits, (qualified) succession clauses in partnership agreements, rights of seizure, etc., complex civil, inheritance, family and tax law issues must be clarified when assets are transferred within and outside the family. We prepare the legally required documentation for you, implement these steps efficiently and support you with knowledge, experience and tact.

SPECIALIST AREA

Business succession & inheritance law

SUCCESSION PLANNING

Good corporate management distinguishes itself through forward-looking planning. In the area of asset and succession planning, we offer individual solutions and holistic concepts. We keep an eye on family and inheritance law as well as corporate law and tax issues for our clients. In this context, we are also familiar with the establishment of foundations, funds and trusts. Our team combines legal and tax law expertise, bundles specialist knowledge and is optimally networked with tax consultants and notaries.

 

WILLS AND TESTAMENTARY DISPOSITIONS

Any entrepreneur is also a private individual. Only by drawing up wills and testamentary dispositions can it be ensured that the testator’s wishes are actually implemented. The fulfilment of claims to compulsory portions is not only particularly important and complicated, but can often lead to considerable liquidity problems. This can be remedied, for example, by a testamentary order to defer claims to compulsory portions or by ordering payment in instalments or sub-participations. We support you during implementation and offer comprehensive multidisciplinary advice to entrepreneurs, managers, private individuals and their families, as well as banks, asset managers and family offices. This includes consideration of all aspects of corporate, tax, family, real estate and inheritance law and also involves the drafting of inheritance contracts, marriage contracts, the settlement of estates and the establishment of private foundations and funds. For clients with global operations, we also handle cross-border succession planning.

DONATIONS UPON DEATH

A donation upon death is a promise between the giver and the recipient of the gift regarding the transfer of assets in the event of death. Unlike a will, the donation upon death cannot simply be changed. The giver is bound to their gift and can only change or dissolve it together with the recipient. We would be happy to advise you on the advantages and disadvantages of this type of contract.

 

HEALTH CARE PROXY

Illness and old age are topics that nobody likes to deal with. A health care proxy helps if a person becomes legally incapable, for example due to an accident. If this occurs, a person of trust and not a court-appointed custodian is appointed as representative. The power of attorney therefore extends the period of self-determination and enables the frictionless continuation of companies (e.g. exercise of voting rights etc.). We would be glad to advise you on the possible content and scope of a health care proxy.