Many people put off the topic of “inheriting” for a long time. However, it is not as complicated as it seems at first glance – and those who inform themselves early on can ensure that their assets are distributed in the event of an emergency as they wish.

The Legal Succession – if there is No Will

In Germany, the legal succession automatically applies if there is no testamentary disposition – i.e. no will or contract of inheritance. This means: First, the direct relatives such as spouses, children and grandchildren inherit. If there are no children, parents, siblings or more distant relatives are next in line. Anyone who is unmarried and has no children should know: Without a will, someone who you would not have intended may inherit. Ultimately, this could also be the state.

Will – the Personal Will Counts

With a will, you have the opportunity to determine who should get what. You can consider individual people or organizations, determine divisions and even name substitute heirs. It is important that a will is completely handwritten, dated and signed. If you want more clarity and legal certainty, you can have it drawn up by a notary and also deposit it with the local court or notary.

Compulsory Portion – a Minimum Claim for Close Relatives

Even if you are free to decide in the will, there are limits: Spouses, children and, under certain circumstances, parents are entitled to the so-called compulsory portion. This amounts to half of the legal share of inheritance and cannot simply be withdrawn – except in rare exceptional cases. This means: Even those who are disinherited usually do not go away empty-handed.

Contract of Inheritance – Binding and Clear

In addition to the will, there is the contract of inheritance. It is concluded by a notary and is more “binding” than a will. It is often used by people who are not related to each other and who want to jointly make a binding arrangement for their inheritance. Spouses usually prefer to use a joint will.

Why Regulate Early?

A clear estate settlement prevents disputes and ensures security for the bereaved. An individual design makes sense, especially for patchwork families, unmarried couples or family-owned companies. In addition, tax advantages can be used if you plan in good time.

Conclusion: Inheriting is Provision

Anyone who thinks about the topic early on not only ensures clarity, but also relieves their loved ones. Whether it’s a will, a contract of inheritance or a combination with gifts during lifetime – there are many ways to legally record your last will. A conversation with the lawyer you trust will help you find the right solution. Feel free to contact me.