Inheritance law and succession in the enterprise
We help our Clients in all inheritance cases. We support entrepreneurs in planning and performance of succession of a family business. Certain steps aimed at ensuring smooth succession in the company may be undertaken already at the founding stage. Most often, however, they are made during the business operations. Succession by the way of will, i.e. in the case of the owner’s death, is an oft-used, though not the only form of succession. Equally frequently, we advise owners on transferring their companies to their successors due to planned retirement or altered life plans. The transfer of company ownership and of control over its management authorities may be performed gradually, even in the span of many years, or might be a short, single process. Usually it is the owner’s family members who become successors. However, there have been cases when we consulted our Clients on disposal or lease of their companies to third, unrelated parties. We particularly specialise in cases of cross-border company succession (usually in a Polish company belonging to an international – German, for example – capital group). Our advisory services cover all legal aspects and – always of vital importance in those cases – tax aspects.
We have experience in providing advice to Clients who intend to make a will or an inheritance agreement. In this respect, we cooperate with a notary’s office. It is worth remembering that the notarial fee for making a notarial will is not high, and a valid and effective will, which is very difficult to question, ensures peace of mind and certainty that the testator’s will is executed after his death,.
We also represent heirs in court proceedings related to confirmation of inheritance acquisition and in cases regarding division of the estate. We ensure comprehensive legal assistance, which often entails arduous search for persons holding rights to the estate or correction of civil registry documents. We also help in unusual cases, such as confirmation of inheritance acquisition on the basis of an oral testament or dispute on payment of the legitim.
We specialise in inheritance cases of Polish citizens who become heirs to estates located in Germany, as well as cases of foreigners who inherit an estate in Poland. We offer legal assistance in Polish, English and German.