Dispute avoidance, arbitration and mediation
Disputes are inevitable. In certain situations, it is even inevitable. In divorce cases and inheritance disputes in particular, disputes can quickly arise due to the tensions inherent in the situation. But disputes between shareholders in companies can also escalate.

In many cases, such disputes can be avoided by making preventative arrangements. Whether marriage contracts, separation agreements, testamentary arrangements or inheritance contracts to prevent the formation of communities of heirs or carefully formulated partnership agreements, they all serve the purpose of avoiding disputes. The notary can also act as an arbitrator. His impartial position predestines him to do so. Experience has shown that successful mediation leads to both parties being more satisfied with the result of the mediation than with a judgment or settlement in court. Arbitration makes court proceedings unnecessary and an arbitration agreement can be enforced in the same way as a judgment. Furthermore, arbitration by a notary is quicker and cheaper than conducting contentious court proceedings. The basis for the conciliation procedure is the conciliation rules adopted by the Federal Chamber of Notaries.

The formation and transfer of companies, as well as many changes to a company's circumstances that are important for business transactions, require the involvement of a notary. Mistakes can be avoided which - often unrecognized - can later develop into serious problems. The advice of an experienced notary is required at all stages of a company. We are your competent contact for the following points:
Founding a company
GmbH or GmbH & Co. KG? Or a small public limited company? The choice of legal form, capital resources and other related legal issues set the course for the company's development. Liability issues, optimal tax and commercial balance sheet structures all play a role. In addition, various aspects of company law must be taken into account when drafting the articles of association.

Conversions
Conditions - legal, tax and economic - are changing rapidly. Companies are under great pressure to adapt. Reorganization through mergers, demergers or changes of legal form are the order of the day. These often complex processes regularly require the involvement of a notary. Experienced notaries can provide important assistance and ensure rapid implementation.

Sale and purchase of companies
Company sales are regularly sealed by notarization. This applies not only to the sale of GmbH shares, but the sale of all assets by a company (asset deal) may also require notarization. The assistance of a notary creates legal certainty, which is of great importance in this case.

Healthcare proxy & living will

Unfortunately, a self-determined life is not always guaranteed. Illness or accidents can lead to significant restrictions on self-determination. You are suddenly dependent on the help of others and can no longer look after yourself.

In situations like this, people want to be cared for by close relatives or another person they trust. What many people do not know: These close relatives are not automatically authorized to act on behalf of the person concerned. It is even possible for a stranger to be appointed as a guardian. It is therefore advisable to make provisions at an early stage that grant the related parties sufficient powers of attorney. In addition, advances in medicine today make it possible to prolong life, even if there is no real chance of a cure. It is often not possible for the patient to exert any influence due to their state of health. Doctors and relatives are unsure how to proceed in such situations. In such cases, it helps to document at an early stage how the patient wishes to die with dignity in order to make decisions easier for doctors and relatives.

The legal instruments for such precautionary measures consist of:

• General appraisal
• Lasting powers of attorney
• Advance care directives
• Living wills.

The purchase and sale of real estate, e.g. building plots, single or multi-family houses or condominiums, are transactions that are of considerable importance for all parties involved, both sellers and buyers.

These are often transactions that are only concluded once in a lifetime. For many people, their own property represents a significant part of their assets. Because of this importance, the law stipulates that real estate purchase contracts must be notarized by a notary. The notary advises both contracting parties and works towards balanced, risk-minimizing contractual arrangements. The seller does not want to transfer ownership to the buyer until he has received the purchase price. On the other hand, the buyer wants to ensure that he actually becomes the owner of the property once the purchase price has been paid. The notary is familiar with the legal instruments that reconcile these seemingly conflicting interests. A special case is the purchase of land combined with the seller's obligation to erect buildings on the land sold (so-called developer contract). The notary knows what pitfalls exist and how to avoid them. This also includes the financing of the purchase price by the buyer. The bank's financing commitment should come first and be available before notarization. The notary will ensure that this is implemented by notarizing the regularly required security for the financing loans by registering land charges/mortgages.

Marriage, partnership & family

Cohabitation, whether marital or non-marital, is at the heart of human cohabitation. They raise numerous legal issues, especially when they produce children.

To name just a few of these questions:

• Does it make sense to deviate from the statutory matrimonial property regime of community of accrued gains by means of a marriage contract?
• Do I have to pay for the care and/or maintenance of my partner or parents?
• What are the rights and obligations in the event of separation?
• How are joint assets distributed in the event of divorce?
• Who has custody of the joint children?
• How does an adoption take place?
• What rights and obligations do I have in the event of my partner's death?

The law provides answers to these and other questions. It allows for individual arrangements, depending on the wishes and circumstances of those affected. The notary is familiar with the legal framework and can recommend suitable agreements and arrangements for the individual case. The notary is impartial. He must ensure that the arrangements are balanced and not unilaterally advantageous or disadvantageous. We are happy to assist you in confidence as specialists for your questions and arrangements.

The transfer of assets to (spouses) partners, children, grandchildren or other recipients can take place upon death, by inheritance or inter vivos by gift.

There can be various reasons for transferring assets during one's lifetime by giving them away. In the case of larger assets, one motive may be to save inheritance tax by making multiple use of the tax-free allowances by spreading the taxable asset transfers over time. Another reason may be to provide children with assets during their lifetime to establish their own household or to divide the assets among potential heirs at an early stage to avoid inheritance disputes. However, donors should be aware that it is difficult to reverse a transfer during their lifetime. It should therefore be considered whether a clawback should be contractually agreed or whether the economic use of the transferred items should remain with the donor. Usufruct or right of abode are preferred structuring elements here. Gifts, especially of real estate, require notarization. The notary is in a position to suggest arrangements to the donors that meet their needs. The transfer of assets upon death by way of inheritance takes place automatically. The law contains regulations that determine the order of succession. However, the testator is not bound by them. The testator's freedom to make a will allows him to deviate from these rules and arrange the succession differently. For example, they can change the inheritance quotas or appoint other persons as heirs or legatees. He can also order the administration of the inheritance by an executor. Wills or inheritance contracts serve as instruments. While the contract of inheritance must be notarized, the will can also be written by hand (complete and handwritten). Unclear wills often give rise to disputes. They can also lead to unpleasant consequences that are not considered without professional advice. However, the notary can also provide assistance in the case of "accidental" wills or less than optimal inheritance quotas in order to come closer to the desired will with the heirs.

It is therefore advisable to make use of our expert advice as an experienced notary's office for the drafting of gifts and testamentary dispositions.