Legal services
Hüsemann & Kurt provides legal advice and representation on all aspects of inheritance law. Whether you are planning your estate, have inherited, belong to a community of heirs or wish to disclaim an inheritance, we can help you navigate this complex area. You can rely on our years of experience, current knowledge and specialist expertise, which we continue to develop.
Compulsory shares and supplementary claims
For people excluded from an inheritance
Have you been left out of a will despite being entitled to a compulsory share? German law protects certain close relatives through a monetary entitlement even if they are disinherited. We help you pursue that entitlement, including where lifetime gifts may have reduced the estate. Where the legal requirements are met, a supplementary compulsory share claim can take those gifts into account.
Legacies
Terms such as “leave”, “appoint as heir” and “bequeath” are often used in handwritten wills without a clear understanding of their different legal effects. We help resolve the difficulties this can create when administering an estate. We also assist where a will gives you a claim to a particular object, property or sum of money and the heirs are unwilling or unable to fulfil the legacy, or their identity has not yet been established.
Strategic disclaimer of an inheritance
For heirs
If a will appoints you as an heir but imposes obligations or legacies, disclaiming the inheritance may, in certain circumstances, allow you to claim an unburdened compulsory share instead. This option can be particularly relevant to spouses and registered civil partners. Its consequences and the applicable deadlines require individual advice.
Challenging acceptance or disclaimer of an inheritance
For heirs
Have you missed a deadline, accepted an estate that turns out to be over-indebted because of outstanding care costs, or disclaimed an inheritance before discovering unexpected assets? Such cases call for prompt action. We can advise you on the options available.
Protection of heirs under a joint will or contract of inheritance
For heirs
You may have been appointed under a joint will or contract of inheritance, only to discover that the deceased gave assets to someone else during their lifetime. A claim may be available where a gift unlawfully prejudiced your position. We assess the legal circumstances.
Rights of residence and usufruct
Are there disputes about exercising a right of residence or usufruct? Are public authorities seeking reimbursement of social assistance? We provide specialist advice on these matters.
Communities of heirs
For heirs
Being part of a community of heirs can raise a wide range of legal problems. Whatever the starting point, we aim to protect your share and help you resolve the administration and distribution of the estate.
Notarial services
Notarial services include notarising legal transactions and certifying signatures. Impartiality is fundamental to this work. It covers inheritance arrangements, family-law agreements such as marriage contracts and maintenance obligations, real estate and company law. We place particular emphasis on inheritance matters, drawing on years of experience and additional professional qualifications.
Wills
A notarised will can make it easier to establish the heirs’ entitlement and may avoid the need for a separate certificate of inheritance. Professional drafting helps ensure that your wishes are expressed clearly and in the required form. We advise on the type of will suited to you, including the tax implications.
Should you make an individual will, a joint spousal will or arrangements for a business? Special provisions may be needed for a beneficiary with a disability or substantial debts. We also prepare wills involving more than one country. In each case, we consider how the heirs can act promptly after death, including through a power of attorney effective after death, and take the tax consequences into account.
Contracts of inheritance
Do you want a particular person to care for you in old age and, in return, give them a binding entitlement to inherit? A contract of inheritance may suit this arrangement.
Unlike an ordinary revocable will, contractual dispositions can create binding commitments during your lifetime. However, the precise terms matter. A reserved right to withdraw, failure to fulfil agreed care duties or statutory grounds for avoidance may affect the contract. For example, remarriage may bring a new person entitled to a compulsory share into the picture. We advise on the scope of the commitment and whether legally permissible waivers of avoidance rights should be included.
Careful drafting is essential to achieve the intended degree of certainty.
Lifetime transfers, including transfers of real estate
Would you like one of your children to take over your house or a building plot? German law requires a notarised agreement for real estate transfers. The agreement should address important contingencies: what happens if your child dies before you, your child or their spouse divorces, or insolvency or a need for means-tested benefits arises?
A notarial agreement can provide for these situations and address whether your consent is needed for a sale or mortgage. We also help you choose between retaining a right of residence and a right of usufruct.
Farm succession under the German Höfeordnung
Farm transfers under the Höfeordnung have special requirements. They need to protect the retiring generation’s rights while preserving the farm’s economic viability. We offer comprehensive advice based on many years of experience with this legislation and the associated notarial requirements.
Distribution of an estate among co-heirs
Are you part of a community of heirs? Does the estate include real estate to be allocated to you alone or divided among several heirs? If no agreement has yet been reached on winding up the community and distributing the estate, we help the parties find a solution and record it in a notarial deed.
Applications for a certificate of inheritance
Where the deceased left only a handwritten will or no will, a certificate of inheritance may be needed to establish the heirs’ entitlement. We prepare and notarise the application and forward it to the competent probate court.
Marriage contracts
A marriage contract can clarify the legal consequences if circumstances change, including the consequences for inheritance. The chosen matrimonial property regime can affect the relative compulsory shares of children and a spouse. An existing agreement, for example one providing for separation of property, may have unintended effects. We review and adapt the agreement to reflect your wishes.
Company and partnership agreements
Does the succession clause in your company or partnership agreement still reflect your personal circumstances? For example, a GmbH agreement may limit succession to descendants, whereas you now want your spouse to inherit. We help align the agreement with your wishes and the relevant succession arrangements.