Inheritance and Foundation Law, „Law of Wealth Planning“
Asset Planning works best when done comprehensively. Hence, we use our knowledge from different fields of law and combine it with our dispute avoiding approach. This way, we can offer solutions to our clients that cover all aspects of their needs, from succession and family law to corporate and foundation law. While doing so, we put special attention on the communication between family members.
- Preparation of wills, foundation and foundation supplementary deeds
- Comprehensive planning of cross-generational wealth transfers
- Representation in inheritance disputes and in foundation law proceedings
- Preserving family relationships through constructive negotiation
- Advice on foundation law issues
We do not regard inheritance and foundation law as separate areas of law; together with sub-areas from other legal fields, such as family law or insurance or banking contract law, they form the „Law of Wealth Planning“. Through this holistic approach, we advise our clients comprehensively on the structuring and transfer of their assets. It is important to restrict one’s own legal positions as little as possible during one’s lifetime and at the same time to secure one’s own will through early dispositions.
A legally secure will is only one (albeit important) aspect of this. In particular, the now applicable law on compulsory portions offers scope for design, which we will be happy to exploit for you. Whether an (Austrian or foreign) foundation makes sense and is economical can only be worked out on a case-by-case basis. Due to the minimum requirements for Austrian foundations, which are rather onerous in international comparison, other instruments often make more sense in order to achieve one’s own goals in a cost-efficient manner. We will advise you comprehensively and show you all the possibilities, gladly in cooperation with international colleagues.
We also help heirs and beneficiaries of the compulsory portion to assert their rights in intra-family negotiations – and, if necessary, in court proceedings. Through empathy and a holistic approach – which also includes interpersonal relationships – we not only strive for financial optimisation, but also support you in finding a long-term settlement with your close relatives. Inheritance law proceedings and compulsory portion proceedings require special tact in this regard, which we have already demonstrated many times and are happy to do so for you.
Based on our initial case analysis, you will know at an early stage what you can ultimately expect and to what extent litigation (and the associated family conflicts) is worthwhile at all. We are aware that in inheritance law it is not only the law that counts, emotional aspects are also very important. We include these in our work in order to comprehensively meet your needs, but nevertheless conscientiously fulfil our role as the „voice of reason“.
Finally, we also advise private foundations and their governing bodies on all issues relating to private foundation law. We know that on the one hand you want to do justice to the will of the founders, but on the other hand you often run into liability dilemmas. We navigate you through the proverbial storms and provide you with a solid basis for decision-making.
“Your wishes for the future of your assets are our top priority. Hence, we not only provide you with legal certainty but also advise you on your communication strategy within your family.”
Dr. Michael Komuczky