Inheritance Law
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
Spouses, registered partners, parents and (adopted) children are entitled to a compulsory share in Germany. Other relatives (such as grandchildren) can also claim a compulsory share under certain circumstances. Have you been disinherited or do you assume that you have wrongly inherited too small a share? Then we would be happy to advise you.
Within an heir community, it must be determined how the co-heirs will manage and handle the estate and how it will be administered. Co-heirs have extensive participation rights and duties within the scope of necessary or ordinary estate administration.
It is particularly important that no co-heir is authorized to dispose of estate assets to the exclusion of the other co-heirs. Instead, co-heirs are required to jointly manage the estate and resolve the heir community.
Crucially, an heir community is legally intended to be divided. Accordingly, any co-heir can demand the dissolution of the heir community at any time. This means that the assets of the collective must be distributed among the members, and the community or partnership is dissolved.
In these cases, it must be decided how the estate assets can be divided among the co-heirs or converted into liquid assets as a prerequisite for settlement (e.g., sale of land/real estate). If there is disagreement among the co-heirs, estate assets may be auctioned off. In the case of real estate, this is known as a partition auction. A partition auction can, in some cases, lead to economic disadvantages, but it can also be understood as a tactical opportunity in relation to the other co-heirs.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
The best way to prevent inheritance disputes is to ensure they never arise in the first place: We provide advice on how to distribute your estate, what you need to consider, and inform you about the limits of your last will. A will can determine who will become an heir. If the designated heirs are unavailable, substitute heirs can be appointed. Specific legacies can be stipulated for individual items. Additionally, conditions, division directives, or other stipulations can be included in a will. For example, the appointment of successive heirs, executors, or guardians for minor heirs can also be considered.
The goal of drafting and preparing a will or an inheritance contract is to avoid inconsistencies from the outset that might prevent the intended outcome by the testator. This includes unclear wording in the last will, failure to consider inheritance tax obligations, or the creation of compulsory share claims.
Our Experts in this Department
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.
Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.
Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.
When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.
For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.
Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.
We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).
For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.
Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.
We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.
To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
Aircraft Damage Claims
When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.
Wet-Lease Agreements
Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.
Aircraft Leasing Agreements
In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.
Employment and Freelance Contracts for Pilots
Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.
Maintenance Agreements
Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.
Corporate Law
As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.
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