BJÖRN TESCHE
PARTNER
MANAGEMENT
ATTORNEY-AT-LAW
SPECIALIST LAWYER FOR INHERITANCE LAW
SPECIALIST LAWYER FOR FAMILY LAW
CERTIFIED TESTAMENTARY EXECUTOR (AGT)
CERTIFIED BUSINESS SUCCESSION ADVISOR (ZENTUMA E.V.)
Vita
- Born 1973
- Studies in Freiburg i.Br. and in CH Lausanne
- Attorney since 2000
- Specialist in family law since 2004
- Specialist lawyer for inheritance law since 2011
- Certified executor (AGT) since 2012
- Certified corporate succession advisor (zentUma e.V.) since 2013
- Foreign languages: English, French, Spanish
Advisory focus
In the case of an inheritance I advise and represent heirs out of court and in court throughout Germany.
I support heirs in the settlement of the community of heirs, if possible amicably, if necessary also in the dispute up to the partition auction.
I assist in the enforcement of compulsory portion claims.
Another focus is the execution of wills.
I advise happily married or future married couples on the drafting of a precautionary prenuptial agreement and on the ordering and structuring of their assets. I am often called upon to draft prenuptial agreements that have positive tax side effects, for example in connection with the so-called property regime swing, whether to reverse gift tax or to transfer assets to the spouse as an intermediate step for intended further transfers to third parties or for asset protection.
In the case of separation and divorce I advise and represent spouses before all German family courts, in particular also cross-border commuters and also Germans who are resident in Switzerland or France and want to get divorced in Germany. I take over amicable divorces – online or classically on site. In suitable cases (provided the couples cooperate), it is possible to prepare even complex cases in a short time so that a costly and nerve-racking war of the roses can be avoided by notarizing a separation and divorce agreement and the divorce date is only a formality. If necessary, I also conduct highly contentious divorce proceedings, child custody matters, matrimonial property law (equalization of gains), legal maintenance claims, property division up to the partition auction of joint real estate. In complicated constellations I offer high-end advice for wealthy persons, shareholders, managing directors, etc.
References
Ongoing support of a large production site of a major German chemical company in the event of an emergency or incident, including emergency preparedness and consultation, representation during interrogations, searches, incident management, etc.
Restructuring of private assets (real estate in Germany and other European countries) and company assets before possible crisis as a means for “asset protection”, matrimonial property regimes, comprehensive consulting, concept preparation, preparation of draft contracts, notarizations in Germany, CH and Italy.
Property regime swing as means for “tax reversal” according to ErbStG to cure non-observance of holding periods; coordination with tax advisor, concept, drafting and support until notarization.
Advising the majority shareholder of a large medium-sized group of companies on the conception and implementation of contractual as well as testamentary succession arrangements with a total volume of approx. € 40 million (taking into account the patchwork family structure, compensation for a beneficiary of a compulsory portion by transferring real estate and cash assets in exchange for a waiver of the compulsory portion, alignment of corporate law circumstances with the planned succession solution, consideration of cross-border issues, etc.).
