Free practical guide
The 7 points you should review today
Everyone with assets has a succession plan. The only question is whether it is their own - or the legislator's.
This checklist shows you in 7 concrete points where you stand today and where you must act. With legal references from BGB and ErbStG, instant self-checks and practice insights from advising entrepreneurial families.
What to expect
7 points, each with an instant self-check
A short preview of the checklist. The full version with practice notes and all legal references is delivered as a PDF.
Is your will in place and up to date?
Without a will, statutory succession under BGB applies. An outdated will can be worse than none at all.
§ 1922, 1924, 1931 BGB
Know and use the Freibetrag (personal tax-free allowance under § 16 ErbStG)
500,000 EUR for spouses, 400,000 EUR per child, 200,000 EUR per grandchild - refreshes every 10 years per donor.
§ 16, 14 ErbStG
Review the Gesellschaftsvertrag (partnership or shareholder agreement)
The best succession plan fails when the Gesellschaftsvertrag does not support it.
Practice - partnerships and corporations
Powers of attorney and directives
Vorsorgevollmacht (precautionary power of attorney), living will, custody directive and business power of attorney.
§ 1896 ff. BGB
Understand your matrimonial property regime
The Zugewinngemeinschaft (community of accrued gains, the default matrimonial property regime in Germany) allows tax-free transfers - keyword Gueterstandsschaukel.
§ 1371 BGB, § 5 ErbStG
Document Schenkungen (lifetime gifts taxed under ErbStG), respect the deadlines
10-year period for Erbschaftsteuer (German inheritance tax, governed by ErbStG) and Pflichtteil (statutory minimum share for close relatives in German inheritance law, § 2303 BGB). Niessbrauch (usufruct under § 1030 BGB) blocks the clock from starting.
§ 14 ErbStG, § 2325 BGB
Get a second opinion
A second pair of eyes reveals gaps that your in-house Steuerberater (German Tax Advisor, qualified under StBerG) no longer notices.
Practice recommendation
From practice
Written for entrepreneurs and families with substance
Florian Enders is a Steuerberater (German Tax Advisor, qualified under StBerG) at tietze enders und Partner mbB in Liederbach. Focus areas: Vermoegensnachfolge (succession of assets across generations), structuring advice and asset protection for entrepreneurs and families. The checklist is based on real client cases - names are of course anonymised.
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