The shareholders of the estate are the legal heirs and those who receive property by general will order, as well as the surviving spouse, if at least one of the spouses had conjugal rights to the other’s property. The heir has the status of a partner even when the inheritor has displaced him by will. In this case, the heir’s participation continues as long as the dispute lasts. A divorced spouse can also be a partner in the estate of his ex-spouse on the basis of matrimonial rights, if no division of property has been submitted between the divorced spouses.
The certificate of incorporation is a tax declaration for the delivery of inheritance tax. In addition, the deed is an asset and shareholder list that serves for estate settlement and inheritance distribution. The deed shows the assets and liabilities of the person to be collected and the widow, if any, as well as the shareholders of the estate to be collected. The assets and liabilities of the inheritor are entered and valued in the register as they were at the time of the inheritor’s death. The same applies to the widow. The deed and its appendices show the heirs and other persons, such as beneficiaries of wills and life insurance benefits, to whom inheritance tax is imposed.
Annexes to the charter
In 20:5 of the inheritance act (pk) and also in the statutes concerning inheritance tax, provisions are made on the documents to be attached to the deed. A well-prepared deed contains information on all legally relevant documents that have an impact on the partition or separation to be delivered later and the subsequent distribution of the inheritance. Such documents include, for example, a will, prenuptial agreement, life insurance beneficiary orders, gift certificates for gifts considered as advance inheritances, and any other documents containing matrimonial law orders.
Invoking rights
Legally significant decisions that directly affect the settlement of the estate and/or the distribution of the inheritance are not made in the deed of foundation. However, shareholders should invoke their rights provided for in the law at the signing ceremony. For example, a widow can declare that she uses the right of possession provided for in pk 3:1a, and a breast heir can accept a will and/or declare that she is renouncing the inheritance.
Charter and tax planning
Estate planning can also be carried out with asset valuations made in the deed. In practice, the valuation decision made in the deed directly affects the inheritance tax to be submitted and the amount of inheritance tax. In addition, the valuation decision indirectly affects subsequent income taxation, especially the taxation of capital gains. When the inherited property is later sold, its acquisition cost is considered to be the value established in inheritance tax.