Succession planning is a process in which many tax law, inheritance law, property law and often corporate law issues converge. The focus is on family asset protection and its transition to the next generation with as few complications as possible. We have a proven expertise in accompanying this process. Depending on your requirements, the scope of our services ranges from examining specific legal issues to a comprehensive scenario analysis involving all relevant parties.
We have developed a special tool (“Succession Audit”) according to which this process is structured in phases. It starts with an inventory of all related individuals and family structures. In the following phases we stresstest these structures in changing roles of a trouble shouter / advocatus diaboli / advocatus dei to improve individual members, different family structures and the overall group dynamics. Finally, we draft tax-optimal succession concepts, which are then customised via discussions.
Some clients are interested in special purpose structures like foundations / trusts / Stiftungen. For those interested in Stiftungen, we recommend the following article, which is still up to date in substance (Alders, Die Doppelstiftung als Instrument der Unternehmensnachfolge – von Philanthropie und steuerbegünstigter Planung, Bucerius Law Journal 1/2011, p. 3-7, freely available in German at: law-journal.de).