Chambers of tax consultants, lawyers and notaries provide information on inheritance and bequests

Schleswig-Holstein Chamber of Notaries. How can a company be inherited in a legally compliant and tax-optimized manner? This question was the focus of this year's Inheritance Law Day 2025 at the Lübeck Chamber of Industry and Commerce. Experts from the fields of law, notary services, tax advice and company management shed light on the numerous pitfalls that lurk in company succession - and presented practicable solutions.

Common mistakes: When a lack of regulations becomes a threat to your existence

The speakers' contributions primarily drew attention to the most common mistakes in succession planning. This was particularly emphasized: Missing or unclear provisions in wills can threaten the existence of family businesses. Instead of relying on legal succession, even a simple will is better than none at all. The basic principle was: "What is not regulated often becomes a problem." Important keywords were timely emergency provisions, the inclusion of emotional factors within the family and the regular review of existing dispositions - ideally every ten years.

Read the follow-up report to the panel discussion on the topic here "Distorted perception of internal security".

Communication is key: Why openness prevents conflicts

They also warned against typical communication errors: a will that is not communicated can lead to mistrust and conflict. The recommendation was therefore to speak openly with all parties involved at an early stage - also with the help of professional mediation.

Lawyer and notary Dr. Oswald Kleiner delved deeper into the topic with a presentation on "Entrepreneur's will". It became clear that testamentary arrangements are only the second-best solution - ideally, company succession should take place during a person's lifetime.

Entrepreneur's will as an emergency instrument - but not the first choice

The entrepreneur's will should primarily be understood as an emergency provision - in the event of the unexpected death of the entrepreneur. Careful drafting, taking into account legal, tax and family circumstances, is crucial. Particular attention was paid to dealing with so-called "soft heirs", i.e. family members who do not take over the company. Here, it is important to create a balance - e.g. through usufruct rights or pension payments - without jeopardizing the economic viability of the business. The special features of company shareholdings, particularly in the GmbH, were also explained: company law beats inheritance law, according to the central conclusion on the inheritance of GmbH shares.

Succession tax trap: Use structuring options in good time

The event was rounded off with a presentation by tax consultant and auditor Peter Zimmert, who highlighted the tax pitfalls of asset succession. He explained how inheritance tax can be reduced or avoided altogether through clever structuring - such as advance transfers, indirect gifts or the targeted use of allowances. It is particularly important to coordinate the tax consequences with the civil law measures at an early stage. Because: "Every tax arrangement is based on a change in civil law." Zimmert warned urgently of the consequences of creeping tax increases - due to rising property values while the tax-free amounts remain the same. Well-thought-out estate planning is therefore not only sensible, but increasingly existential.

Conclusion: Company succession requires foresight - legally, fiscally and personally

The Inheritance Law Day 2025 offered practical insights and in-depth specialist knowledge on the complex interplay of wills, company law and tax issues in business succession. Anyone wishing to bequeath a company must not only plan ahead legally, but also act responsibly from a family and economic perspective.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.