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Björn Tesche

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.)

bjoern.tesche@seidler-kollegen.de

curriculum vitae

  • born 1973
  • studies of law in Freiburg i.Br. and in CH Lausanne

 

areas of law

  • inheritance
  • marriage & family
  • M&A & corporate succession

 

consulting situations

I advise wealthy persons, entrepreneurs, shareholders, managing directors, pensioners and others on all aspects of protection, succession arrangements, transfer agreements, representation arrangements, living wills, asset protection, solutions under company law (family pool) and foundation law. Even in the case of a supposedly simple transfer during one’s lifetime, a lawyer should be consulted. In many cases, this is the only way to avoid later pitfalls, for example in the area of compulsory portion law, equalization, gift and inheritance tax, asset protection. It is precisely here that a forward-looking, professionally supported arrangement pays off. I also keep an eye on the tax implications of the arrangements. I am happy to work together with the client’s tax advisor at an early stage so that optimal legal and tax solutions can be found. In addition, I advise with foresight in order to avoid unnecessary costs in structuring, transactions and in the event of succession. I advise predominantly in the area of German law, including private international law, taking into account the main features of the relevant legal systems of neighboring countries. If necessary, I can draw on a powerful network. I assist with notarizations primarily in Germany and in Switzerland (Basel-Stadt).

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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.

Translated with www.DeepL.com/Translator (free version)

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.

experience
From more than 20 years of practicing law, I have gained experience in various foundation board and advisory board mandates and through lectures, including as a freelance lecturer for the German Savings Banks and Giro Association.

 

memberships

  • DAV
  • Lörrach Lawyers’ Association
  • working community for family and inheritance Llw
  • working community  3-country lawyers
  • German association for inheritance law and property succession (DVEV)
  • German-French lawyers association
  • Center for corporate succession at the University of Mannheim e.V. (Zentuma)

 

foreign languages

  • English
  • French
  • Spanish

 

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.).

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