Inheritance law is always exciting, especially when the 2015 Inheritance Law Amendment Act 2015 also applies to gift credits to private foundations in the event of deaths after December 31, 2016.

 

The discrepancy between the compulsory share right, which has a distribution function, and the private foundation, which aims to pass on assets in an orderly and often concentrated manner, depends crucially on the extent to which the founder has his influence on the foundation is secured by reserved rights of revocation and change, which has significant consequences under compulsory portion law.

 

As a notable innovation, the 2015 Inheritance Law Amendment Act also qualified the granting of a beneficiary status as a gift, which of course also raises questions about the specific assessment time and an appropriate assessment.

The Inheritance Law Amendment Act 2015, which came into force on January 1, 2017 and applies to deaths after December 31, 2016, has now been in force for over two years. Particularly as a result of changes in gift recognition (now: addition and recognition of gifts between living persons), some serious tensions have arisen in the area of ​​tension between compulsory portion rights and private foundations Changes have emerged, although some legal uncertainties that already existed in the old inheritance law remain.

 

Although there is still very little established judicature on the changed provisions, due to the sometimes extremely contentious questions – the “wealth sacrifice theory” can be considered a “long-running issue” as an example – the doctrine has now become meticulous area of ​​law being worked on. In this newsletter the core statements made are presented and finally information is given as to what will happen in the future Particular attention must be paid to asset succession in relation to private foundations.

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