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Recent News From GRP Rainer LLP

  • Strict test for testamentary capacity if serious delusions suspected

    Strict test for testamentary capacity if serious delusions suspected

    Published: 24 Nov 2017

    The testator must have testamentary capacity as a prerequisite for a valid will. Chronic delusions can give rise to a lack of testamentary capacity, as demonstrated by a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt]. In principle, a person who is of legal age is deemed to have the capacity to prepare a will. Notwithstanding this, the following preconditions...

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  • GRP Rainer Rechtsanwälte – Experience in establishing companies

    GRP Rainer Rechtsanwälte – Experience in establishing companies

    Published: 20 Nov 2017

    Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law firm GRP Rainer Rechtsanwälte advise numerous businesses on company formation and takeovers as well as in the event of a change of partners or shareholders. In our experience, the partners or shareholders frequently neglect one critical ...

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  • OLG Köln: Will written with non-dominant hand valid

    OLG Köln: Will written with non-dominant hand valid

    Published: 17 Nov 2017

    It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17). In addition to preparing a notarized will, a testamentary disposition can also be handwritten. To this end, the will needs to be written fro...

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  • OLG Köln: Only serious misconduct justifies withdrawal from contract of inheritance

    OLG Köln: Only serious misconduct justifies withdrawal from contract of inheritance

    Published: 13 Nov 2017

    Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect. In the absence of a will or contract of inheritance, the rules of intestate succession apply automatically following the death of the testator. If these run contrary to the testato...

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  • Pharmacies not allowed to offer promotional gifts in the case of fixed-price pharmaceuticals

    Pharmacies not allowed to offer promotional gifts in the case of fixed-price pharmaceuticals

    Published: 10 Nov 2017

    Pharmacies are not allowed to offer their customers promotional gifts when the latter are purchasing prescription medicinal products. That was the verdict of the Oberverwaltungsgericht (OVG) NRW, North Rhine-Westphalia’s Higher Administrative Court, in two rulings from September 8, 2017. Consumers in Germany are accustomed to prescription pharmaceuticals being the same price in every pharmacy. W...

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  • Commercial agent’s claim for compensation following voluntary termination

    Commercial agent’s claim for compensation following voluntary termination

    Published: 09 Nov 2017

    A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give rise to legitimate grounds for termination for this to happen. When a commercial agency agreement is brought to an end, the commercial agent often has a right to compensation. This is because the company in a lot of cases continues to profit ...

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  • OLG Frankfurt: Contesting the renunciation of an inheritance on account of an error

    OLG Frankfurt: Contesting the renunciation of an inheritance on account of an error

    Published: 07 Nov 2017

    As a matter of principle, an heir has the option of renouncing his or her inheritance. Under certain circumstances, the heir can also challenge and revoke this renunciation. Heirs are not obligated to accept an inheritance and can instead reject it. The inheritance needs to be formally renounced within a period of sex weeks after the accrual of the inheritance comes to light. Once the inheritanc...

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  • Inheritance – Waiving compulsory portion among siblings may prove more expensive

    Inheritance – Waiving compulsory portion among siblings may prove more expensive

    Published: 01 Nov 2017

    Legal heirs who waive their compulsory portion and receive a form of compensation for doing so need to keep an eye on the tax burden. Following a judgment of the Bundesfinanzhof (BFH), Germany’s Federal Fiscal Court, this may turn out to be higher than was previously the case. Even if legal heirs are excluded from inheriting by way of a will, they are still entitled to their share in the compuls...

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