Services for Individuals
If you wish to purchase a piece of land or a condominium, establish a mortgage, or divide a house into condominium units, the law requires the involvement of a notary. If you plan to transfer your real estate to your children, the assistance of a notary is also required for this process. In this context, donors often wish to reserve a right of residence or a usufruct. It is advisable to discuss the details with the notary.
The advantage of involving a notary is that the notary explains legal matters clearly and comprehensibly and points out risks that are not immediately apparent or that may not be properly assessed under certain circumstances. We are happy to assist you as soon as you begin considering such a transaction, and we will guide you through the process until its completion.
Topics
-
Real Estate in Private Assets
-
Purchase Agreement for Land / House / Apartment / Hereditary Building Right
-
Deed of Gift and Transfer of Real Estate – Anticipated Succession
-
Division into Condominium and Partial Ownership – Declaration of Division and Rules of the Community
-
Securing Financing – Land Charges and Mortgages
-
Encumbrances on Real Estate – Rights in Real Estate (Especially Usufruct and Right of Residence)
-
Leasehold
-
-
Formation of Companies
-
Bequests, Inheritance, and Gifts
-
Powers of Attorney and Advance Directives
-
Marriage, Family, and Partnership
-
Certifications – Apostille and Legalization in International Legal Transactions
Real Estate in Private Assets
Purchase Agreement for Land / House / Apartment / Hereditary Building Right
Selling and Buying Real Estate – Our Services for You
Buying or selling real estate is a decision of great financial significance and is often associated with complex legal issues. Careful notarial guidance is therefore essential. We ensure a swift, professionally sound, and legally secure drafting of your purchase agreement, as well as its smooth execution.
The notary is involved from the very beginning; your entire transaction is coordinated, and your questions are answered reliably.
Quick Appointments – Speedy Processing
We offer short-notice notarization appointments, and the execution of the deed begins immediately after notarization.
We handle numerous tasks before and after notarization: reviewing preemptive rights, obtaining necessary approvals or authorizations for cancellation, and coordinating with authorities, banks, and other parties involved.
Deed of Gift and Transfer of Real Estate – Anticipated Succession
When assets – particularly real estate or business shares – are to be transferred not only upon death but already during one's lifetime, anticipated succession is a suitable option. In this process, the transferor passes on assets "while still alive." The reasons for this are varied: Tax advantages often play a role, such as the repeated use of tax exemptions every ten years. There may also be a desire to reduce claims to a statutory share, to clearly regulate the distribution of assets among several children, or to carry out a phased transfer.
Often, the donor wishes to retain the option of reclaiming assets if the life or behavior of the recipient takes a completely unexpected turn in the future. In some cases, the donor wishes to ensure that the next generation has attained a certain level of maturity or professional qualifications before decision-making authority is transferred. It is essential to balance the interests of all parties involved – for example, by agreeing on residential rights or usufruct rights, recurring payments, or other safeguards for the donor.
Notaries ensure that transfer agreements are legally sound, clearly structured, and well-thought-out, reliably implementing your wishes. We will coordinate the details with your tax advisor if you wish. Even in special situations – such as multi-stage gifts to make optimal use of tax exemptions or the transfer of assets to minors – we ensure that your goals are achieved and your financial affairs are clearly settled during your lifetime.
As a rule, a personal meeting with the notary is required in advance, during which we carefully discuss and effectively align the ideas and interests of the donor and all other parties involved. You can best prepare for the appointment by providing information about the composition of the estate and the personal details of the parties involved prior to the first meeting, so that the notary is familiar with the basic facts and family relationships. The easiest way to do this is digitally via our website or by email. We greatly appreciate it, and the process moves much more quickly if we receive at least some of this information in advance.
Division into Condominium and Partial Ownership – Declaration of Division and Rules of the Community
If you are the owner of a property and wish to divide it into multiple units, the declaration of division must be notarized. Properties can generally be divided into condominiums or commercial units, provided certain legal requirements are met. Additionally, specific structural conditions must be met within the building and on the property. The possible reasons for a division are varied. In any case, once the division of a property is completed, the individual units become marketable. You can, among other things, encumber the individual units, sell them, or transfer them as a gift, as well as designate them as the subject of a bequest.
The prerequisite is first a division into condominium and partial ownership in accordance with the Condominium Act (WEG). The declaration of division specifies which rooms, parking spaces, or areas belong to the individual units and which areas constitute common property to which all owners are jointly entitled. The community rules govern the relationship among the condominium owners. We provide comprehensive support in preparing and implementing your division project and are also happy to assist with the subsequent transfer of the units.
The individual units must be self-contained. To obtain the certificate of self-containment, an architect is typically involved to prepare cross-sections, elevations, and floor plans in advance. Based on these plans, the certificate of self-containment can be applied for at the relevant building authority.
We provide comprehensive support in preparing and implementing your division project and are also happy to assist with the subsequent transfer of the units.
Please feel free to send us initial information regarding your project – most easily digitally via our website or by email.
Securing Financing – Land Charges and Mortgages
Private individuals typically finance the purchase of real estate, although financing for other assets is also possible. Real estate financing typically involves large loans, so only collateral that retains its value and is of significant worth is suitable. Real estate liens are created on land or apartments, usually on the property being purchased.
We assist you with all matters related to loan security – from the creation of real estate liens to the preparation of priority and notary certificates.
Please feel free to name me as the certifying notary to the bank or the financing broker so that the bank's documents are forwarded directly to us.
Encumbrances on Real Estate – Rights in Real Estate (Especially Usufruct and Right of Residence)
The structuring and securing of rights to real property play a central role in various situations. Whether to regulate the use of a property or to provide economic security for a donor: easements are rights that restrict ownership of a property in favor of third parties.
Easements, for example, enable the use of paths, utility lines, or buildings and thus permanently secure usage rights legally. Ownership of the property is not transferred when a right to the property is granted.
In the context of anticipated succession, the donor typically seeks to grant rights of use for the future as part of the transfer of ownership. The donor may wish to continue living in the house, continue renting it out, or keep various options open for the future. The creation of a usufruct has tax advantages, not least because the donee is less enriched due to the encumbrance on the property. Tax exemptions can be preserved, or exceeding tax exemptions can be prevented by encumbering the property.
The question of who bears the costs associated with the property during its use is an important point of negotiation between the parties, in which economic and tax considerations must be kept in mind.
Residential property law grants the entitled party the right to use a building for residential purposes.
A notary ensures that the provisions are legally sound, clearly worded, and precisely tailored to your individual situation. We explain the various options available to you, assess the legal implications, and draft well-thought-out contractual solutions that reliably reflect both your interests and those of the other parties involved. The required entry in the land registry secures the rights in rem; we therefore focus on ensuring a prompt registration.
We provide comprehensive support in preparing and implementing your project.
Please feel free to send us initial information – most easily digitally via our website or by email.
Leasehold
A leasehold right allows for the separation of ownership of the land from ownership of the building erected on it. In principle, one would assume an alignment of interests; the creation of a leasehold right alters this basic structure.
The acquirer of a leasehold right receives the right to use the land for the long-term construction of a building – often for up to 99 years. In return, they pay the landowner ground rent during the term of the lease.
We are your point of contact for the creation, sale, or termination of leasehold rights, as well as their encumbrance.
Despite the typically higher complexity involved, we ensure a smooth process and guide you from encumbering the property with a leasehold right through to the creation of the leasehold land register and on to the sale and encumbrance of the leasehold right.
Formation of Companies
Choosing the appropriate legal form and establishing a company in a legally sound manner are crucial steps for a successful start to self-employment. Whether it's a GmbH, UG (limited liability), GmbH & Co. KG, GbR, or another legal form – every establishment requires a clear foundation, precise articles of association, and, as a rule, registration in the commercial register.
Notaries guide you through the entire formation process: from the legal structuring of the articles of association and the appointment of managing directors to the complete entry in the register.
Bequests, Inheritance, and Gifts
Wills, inheritance contracts, and waivers of the statutory share
In the absence of a legally valid disposition of the estate by the testator, statutory succession applies upon death. Statutory succession often leads to the formation of communities of heirs, whose members frequently have differing views. This results in lively and often controversial discussions within the family or among relatives.
In principle, it is legally possible for the testator to draft their will by hand and thereby effectively arrange their succession. No notary is involved in such a disposition of property upon death.
Notarized Will and Inheritance Contract
When arranging one's own estate, it is advisable to consult a notary. Notarised wills and inheritance contracts are officially stored and registered in the Central Register of Wills. This ensures that your disposition is found and opened in the event of inheritance.
We assist you in developing an estate plan that is tailored to your individual needs and legally sound.
Deed of Gift – Anticipated Succession
If assets – particularly real estate or business shares – are to be transferred not only upon death but already during the transferor's lifetime, anticipated succession is a suitable option. In this process, the transferor passes on assets "while still alive." The reasons for this are varied: Tax advantages often play a role, such as the repeated use of tax exemptions every ten years. There may also be a desire to reduce claims to a statutory share, to clearly regulate the distribution of assets among several children, or to implement a phased handover in the business sector.
Often, the donor wishes to retain the option of reclaiming assets if the life or behavior of the recipient takes a completely unexpected turn in the future. In some cases, the donor wants to ensure that the next generation has attained a certain level of maturity or professional qualifications before decision-making authority is transferred. When planning, it is advisable to keep the interests of all parties involved in mind.
Notaries ensure legally sound, clearly structured, and tax-efficient transfer agreements that reliably implement your vision. We coordinate the details with your tax advisor if you wish. Even in special situations – such as multi-stage gifts to optimize the use of tax exemptions or the transfer of assets to minors – we ensure that your goals are achieved and your financial affairs are clearly settled during your lifetime.
As a rule, a personal meeting with the notary is required in advance, during which we carefully discuss and effectively align the ideas and interests of the donor and all other parties involved. You can best prepare for the appointment by providing information about the composition of the estate and the personal details of the parties involved prior to the first meeting, so that the notary is familiar with the basic facts and family relationships. The easiest way to do this is digitally via our website or by email. We greatly appreciate it, and the process moves much more quickly if we receive at least some of this information in advance.
Fulfillment of bequests, estate distribution, and transfer of an inheritance share
Estate settlement – what to do after a death
After a death occurs, further steps are often necessary to properly settle the estate and actually transfer the assets to the heirs or other beneficiaries.
We will outline the measures that are necessary or advisable in your specific case and reliably guide you through their implementation. We should discuss the following topics together.
Fulfillment of a Bequest
If the decedent has bequeathed a legacy to a specific person, this provision must be legally implemented. The fulfillment of a legacy must be notarized if the subject of the legacy includes, for example, real estate, leasehold rights, rights to land, or shares in a limited liability company (GmbH).
We will assist you in preparing and notarising the application for a certificate of inheritance, as well as submitting it to the court, and we will respond to any inquiries from the court on your behalf.
Settlement of the estate and transfer of the inheritance share
When multiple people inherit, a community of heirs is formed by law, regardless of the wishes of the parties involved. The members of the community of heirs usually agree on the distribution of the estate as the process proceeds. In many cases, individual assets are first transferred to specific heirs, or the heirs liquidate the entire estate and divide the proceeds. A distribution of the estate is required or carried out; such a distribution may also take the form of a partial distribution.
A notary must be involved, in particular, if, for example, the transfer of real estate or shares in a limited liability company (GmbH) needs to be notarized as part of the process. It is also conceivable, however, that a co-heir transfers their share of the inheritance to another co-heir or a third party, either for consideration or without consideration. In this case, notarization is also required by law.
Application for a Certificate of Inheritance and Renunciation of the Inheritance
Heirs generally require a certificate of inheritance to prove their status as heirs to the land registry, banks, and other authorities if there is no notarized will or inheritance contract in place at the time of death. In some cases, the requirement to present a certificate of inheritance may arise directly from the contractual terms of the bank that managed the decedent's accounts, or it may be based on international circumstances.
The certificate of inheritance can be applied for either through a notary or directly at the competent probate court.
We are happy to assist you with this. Various documents must be attached to the application so that the court can verify the information. We would appreciate it if the documents to be attached to the application are already on hand. Typical attachments include death certificates, any marriage certificates, and birth certificates. You may also be considering renouncing your inheritance because you do not wish to become an heir at all. We would be happy to discuss this with you as well.
Please feel free to send us initial information and copies of relevant documents – most easily digitally via our website or by email.
We will assist you in preparing and notarizing the application for a certificate of inheritance, as well as submitting it to the court, and we will respond to any inquiries from the court on your behalf.
Powers of Attorney and Advance Directives
General Power of Attorney and Durable Power of Attorney
A power of attorney allows you to make provisions for various situations.
Advance Care Directive and Living Will
The advance care directive and the living will round out the aforementioned topic of ensuring self-determination in life situations where you are no longer able to express your wishes. We would be happy to discuss this with you. It is important for you and your family that your family and doctors have clarity regarding how you would like to be treated in certain situations.
Typically, this involves decisions regarding resuscitation, artificial nutrition, and life-prolonging measures. Among other things, a power of attorney for healthcare specifies who you wish to appoint as your guardian and who you absolutely do not wish to appoint as your guardian.
Central Advance Directive Registry
Power of attorney documents, advance care directives, living wills, and objections to a spouse's right of emergency representation can be registered in the Central Advance Care Registry of the Federal Chamber of Notaries. Registration has the advantage that treating physicians or a contacted guardianship court are quickly informed of the existence of the aforementioned documents.
A treating physician can, for example, contact the registered trusted person directly.
Marriage, Family, and Partnership
Matrimonial Property Agreement and Partnership Agreement
In the area of marriage, family, and partnership, we assist you with all important personal and property-related matters.
The legislature has enacted legal regulations governing marriage. A pre-nuptial agreement is a good option if you wish to customize these arrangements.
The property law effects of marriage can, for example, be adjusted to reflect your wishes and expectations. We can discuss this before or after the marriage and draft an agreement to make the necessary adjustments. In many cases, the goal is to modify the equalization of accrued gains and the pension rights equalization in the event of a divorce so that the spouses consider it fair.
Matrimonial Property Regime Swing – The Pre-nuptial Agreement as a Tool for Tax-Optimized Asset Transfer
For high-net-worth individuals, tax advisors often address the termination of the statutory matrimonial property regime for a limited period (so-called "matrimonial property regime swing").
We are happy to draft and notarise the corresponding pre-nuptial agreement. We will coordinate with your tax advisor if you so desire.
Partnership Agreement
The law primarily focuses on marriage. Nevertheless, many people live together without being married. In such cases, it is particularly important to take responsibility for arranging their shared living arrangements, as otherwise there will be no fundamental provisions in place. It is worth noting, among other things, that the equalization of accrued gains and the equalization of pension rights are reserved solely for spouses; there is simply no statutory right of inheritance for a non-spousal partner.
A partnership agreement provides the ideal framework for making arrangements in this regard. It can be tailored to the partners' individual needs and can cover the areas mentioned above, among others. Notarization gives the agreement special legal certainty, creates clear documentation, and helps reliably prevent disputes.
Separation Agreement and Divorce Agreement
If a pre-nuptial agreement has not been entered into, the statutory provisions apply in the event of a divorce. The statutory provisions are not always perceived as fair by both parties. In such cases, an exhausting and time-consuming litigation process can be avoided.
The prerequisite is that the parties wish to reach an agreement that provides clarity regarding the division of assets, spousal support, pension rights equalization, and other consequences of separation – both for the immediate period of separation and for the divorce proceedings beginning after the one-year separation period.
Custody – Paternity – Adoption
Certifications – Apostille and Legalization in International Legal Transactions
In the case of a certification, the notary confirms that a document was signed by a specific person or that a copy matches the original in content.
We offer short-notice appointments for certification and will handle the necessary follow-up steps.
Comprehensive notarial services for all legal matters
Whether it's real estate, business matters, inheritance, or family affairs – we'll take care of your needs. We approach our work with great enthusiasm and a warm, friendly demeanor.