Fields of law

• Bank and capital market law, protection of investors
• Commercial law
• Contract law
• Family law
• Insurance law
• Intellectual Property and Information Technology law
• Labour law
• Medical malpractice law
• Residential property law
• Tenancy law
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• Traffic law

Adopting an adult

Whereby one usually thinks of small children when it comes to adoption, one often forgets the Institute of Adult Adoption. Adopting adults is, however, a deeply rooted institute in German law. And if nothing else, in the face of capital transfer tax, it is becoming more and more important. Every second adoption in Germany is an adult adoption nowadays.
An adult adoption is when the decision to accept made by the guardianship court is made when the adoptee is an adult. The regulations for adopting minors are applied mutates mutandis insofar as others do not result from the special regulations. Those involved can neither choose this type of adoption at random, but requires it to be morally justifiable. Naturally, other questions are asked when it comes to adopting an adult in contrast to adopting children. For example, those concerning previous surnames, the relationship to biological parents, etc. If for no other reason than that, you should consult a lawyer.

Adopting an adult in order to optimise inheritance tax can be sensible in the future for tax reasons. Adopting an adult opens up possibilities of reducing inheritance and capital transfer tax. An adoption facilitates you to move up into the sought-after tax bracket I with high tax allowances and low tax rate.
The winners of the inheritance tax law reform are the inheritors of companies. For tax relief purposes of company inheritors, 85 percent of the company's assets are basically regarded as productive assets so that only 15 percent of the value has to be taxed, as long as the following conditions are at hand:

• The company may not be sold,
• The company's assets must remain the same for the next 15 years at least, and
• The company must always keep 70 percent of the old direct wage costs for 10 years.

Yet, even in the case of private assets, an adoption can lead to significant tax savings. In comparison to tax savings, the costs of adoption are of more or less no significance.

Ms Sommer would be glad to give you advice at our offices in Frankfurt am Main and Hanau regarding the admission requirements of adult adoption in any way she can.
For advice on tax laws, we would like to recommend our cooperation partners, who we will name in the course of a personal appointment.

Your contact for drawing up a prenuptial agreement is Ms Valeska Sommer.