When drafting wills and inheritance contracts, one should proceed very conscientiously and include all individualities of a case. In order to prevent potential disputes among heirs from arising in the first place, we recommend that you seek professional legal advice. In addition, in many cases there are several options, which we will be happy to examine for you and advise you on which is suitable in your case.
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Who inherits what?
When it comes to the question of who inherits and in what proportions, there are many misconceptions that persist. For example, many childless married couples think that their inheritance automatically goes to their spouse. In fact, the legal succession also includes the parents and siblings of the deceased spouse. In order to avoid surprises and to regulate one's own succession, one should therefore deal early with one's will or. The following important questions should be addressed in a contract of inheritance.
The following aspects, among others, must be clarified in advance:
- What valuable items or. What assets are inherited?
- Who should receive the assets?
- Are there any liabilities that are to be inherited as well??
- If a certain object is to be bequeathed to someone without that person becoming the heir?
- Should the company succession be regulated by inheritance contract or by will??
- Who should get custody of minor children if something happens to both parents??
In principle, you can appoint any natural person or organization as an heir or heiress in your will. If you do not draw up a will, the legal succession applies. This is governed by §§1922 ff. BGB (German Civil Code) and depends on the degree of relationship. But also the spouse or registered partner is taken into account. In addition, parents and children will participate in the inheritance with a compulsory share, regardless of what you have stipulated in your will.
Will or inheritance contract?
The main difference between a will and an inheritance contract is that you can draw up your will alone, but an inheritance contract can only be drawn up together with at least one other person (contracting party).
In this respect, the will has the great advantage that it can be changed at any time, provided it is not a spouse's will. In the case of an inheritance contract, changes are only possible with the consent of the other contracting parties. In addition, a will takes precedence over the legally stipulated succession; only the statutory claims to a compulsory portion can be waived only in exceptional cases.
An inheritance contract, on the other hand, is binding, so if a firm commitment to a specific succession is important to you, you should prefer an inheritance contract to a will. An inheritance contract can also be understood as a positive signal to the heirs, who can then be assured that the succession can no longer be shaken and there will be no unpleasant surprises.
Draw up a will yourself – a notary is necessary?
In principle, there are no mandatory legal templates, but everyone can also write his will at home. However, the will must be handwritten; a document signed but written on a computer is not sufficient. In addition, a handwritten will can also be valid as a supplement to a notarized will. It is also important to indicate the place, date and a signature when making a will yourself.
But: There are always cases in which a will offers too much room for interpretation and can be interpreted in different ways. Formal errors can also lead to a will not being legally effective. Here it is worth going to a specialized law firm or a notary public. In addition, a will – regardless of how it was drawn up – can be deposited with the local court so that it can be found and executed accordingly when the inheritance occurs.
Berlin will – when is the joint will useful??
The Berlin will, a variant of the joint will, can be drawn up by spouses or partners in a registered partnership and has the advantage that the inheritance is not simply distributed according to the legal order of succession, but the surviving partner is first bequeathed the assets and then these go to the children, for example. This can ensure that the surviving partner's standard of living does not change.
Tax disadvantage: Under the Berlin will, assets must be taxed twice, once when the deceased person's spouse inherits and a second time when the second spouse dies and the inheritance is transferred to the children.
Legal advice on the drafting of inheritance contracts and wills
When you're dealing with your estate, don't forget this above all: After you pass away, your loved ones have one thing to deal with above all else: their grief. If the deceased took careful care of his or her legacy before passing away, it takes much of the burden off the shoulders of his or her loved ones during this difficult time.
We would be happy to advise you on this in a personal meeting and explain what is important in your individual case so that your inheritance is managed exactly as you would like it to be. We take care of the small print and together with you we will draw up your last will and testament or a contract of inheritance.