Your lawyer for Inheritance Law in Brandenburg an der Havel
Forward-looking estate planning and clear representation in inheritance disputes.
Inheritance matters combine personal sensitivities with significant financial consequences. We advise on testamentary structuring and represent clients in contentious estate matters.
Our goal is a legally secure estate structure that preserves value and reduces conflict. In Brandenburg an der Havel, Mareen Michaelis advises with a focus on inheritance law.
Core competencies
- Wills and inheritance contracts: legally compliant drafting tailored to family and asset structures.
- Compulsory portion claims: calculation, enforcement and defense of compulsory share rights.
- Estate division: structured negotiation within co-heir communities for efficient settlement.
- Estate administration: guidance on probate certificates, estate inventories and strategic stakeholder communication.
Clear succession planning during lifetime prevents protracted disputes later. We help design robust and practical estate solutions.
MASTER GUIDE
Inheritance Law: Plan Ahead, Act Clearly When It Matters
Wills, compulsory portion, communities of heirs, estate – what matters legally and when timing is decisive.
In inheritance law, preparation often decides whether an estate passes in an orderly way or turns into years of dispute. Clear lifetime planning protects relatives and preserves assets. Acting without strategy in an inheritance case risks compulsory portion conflicts, blocked communities of heirs and avoidable tax disadvantages.
This guide walks you through the key areas of German inheritance law from the perspective of our Brandenburg an der Havel office. It does not replace individual advice, but gives you a solid basis to assess your situation and choose your next steps with a clear head.
Will and inheritance contract: clarity before formulas
A will should not only record the last wishes; it should prevent later interpretation disputes. Clear appointment of heirs, precise legacies and rules for substitute or subsequent heirs are decisive.
Handwritten wills are valid only if written entirely by hand and signed. Especially with real estate, business interests or patchwork families, short standard wording is often not enough.
An inheritance contract or notarised will may be sensible where binding effect is intended or complex assets need to be structured.
- Formal defects can endanger validity, especially with typed additions.
- Legacies, conditions and appointment as heir should be separated clearly.
- Older wills should be reviewed after changes in family, assets or marriage.
Compulsory portion: monetary claim with high dispute potential
The compulsory portion protects close relatives who were disinherited or received less than their statutory minimum share. It is a monetary claim against the heirs, not a share in individual estate assets.
In practice, valuation is decisive: real estate, business interests, accounts, life insurance and gifts made in recent years must be assessed carefully. Without reliable disclosure, the claim cannot be calculated seriously.
Defending against excessive claims also needs structure. Paying too quickly or providing imprecise information weakens the negotiating position.
- Disclosure and valuation are often the core of the dispute.
- Gifts may trigger supplementary compulsory portion claims.
- Limitation periods should be checked and secured early.
Community of heirs: restoring capacity to act
Several heirs automatically form a community of heirs. They administer the estate jointly, which can quickly lead to deadlock where real estate, accounts or ongoing obligations are involved.
The usual goal is division of the estate: recording values, clarifying liabilities, regulating use and preparing a workable distribution. Without orderly documentation, conflicts often escalate around individual items.
Legal support helps structure communication, formulate claims clearly and distinguish commercially sensible settlements from pure conflict positions.
- An estate inventory and valuation overview come first.
- Dispositions over estate assets usually require coordination.
- Partition auctions are possible but often the last resort.
Power of attorney and living will
Inheritance planning should be considered together with powers of attorney and living wills. If a person can no longer decide for themselves, reliable representatives are needed; otherwise guardianship proceedings and practical blockages can follow.
Powers of attorney should be precise, especially for banking, real estate, digital access and business interests. An unclear authorisation often does not help when it is needed most.
Existing documents also deserve regular review. Separation, remarriage, children or changed assets may overtake an earlier intention.
- Power of attorney, living will and testament should fit together.
- Banking and land register matters have special form requirements.
- Revocation and updates must be documented clearly.
Inheritance tax and allowances
Inheritance decisions often have tax consequences. Allowances, tax classes, real estate valuation and lifetime gifts influence what beneficiaries actually receive.
Tax planning must not lose sight of family peace. A good solution is legally clear, tax-conscious and practically workable.
With real estate and larger estates, early planning is worthwhile because lifetime transfers, usufruct or residence rights can open room for structuring.
- Allowances differ by degree of relationship.
- Gifts can be tax-efficient but may trigger compulsory portion issues.
- Real estate values should be realistic and documentable.
First steps after a death
After a death, first secure documents: death certificate, will, inheritance contract, bank records, land register information, insurance policies and known liabilities. At the same time, important deadlines may start.
An inheritance can be disclaimed if the estate is overindebted or carries substantial risk. The disclaimer period is short and should not be jeopardised by premature dispositions.
A structured start avoids mistakes with probate certificates, estate inventories, compulsory portion claims and communication with co-heirs.
- Do not distribute estate assets before heir status and liabilities are clear.
- Check disclaimer deadlines immediately.
- Secure all documents and keep communication in writing.
In inheritance law, forward-looking planning pays off – and clear leadership in disputes. If you want a will reviewed, compulsory portion claims assessed or an estate structured, start with the Strategy Check. It gives you an initial line in just a few minutes, which we then refine in person.
STRATEGY CHECK
Still unsure how to read your situation?
Start the Strategy Check on the home page and receive an initial assessment and concrete next steps in just a few minutes.
Go to Strategy Check