Inheritance law & gifts
Wills and inheritance law - your provision for the worst-case scenario
Have you thought about writing a will? Many people put off making this important decision, even though it is one of the safest ways to arrange your estate according to your wishes. Without a will, statutory succession applies, in which assets are distributed according to family ties. This often results in communities of heirs that are not only complicated but can also be fraught with conflict to the point of incapacity to act. Expensive legal disputes and the sale of estate assets for less than they are worth can be the result. Underage heirs may require the consent of the family court, which further delays and increases the cost of the process. You can make precise arrangements and quickly prevent disputes by drawing up a will.
What should be in a will?
In a will, you determine who receives what share of your estate. In addition to the distribution of assets, you can also specify personal wishes, such as guardianship for minor children if no custodial parent is still alive. In this way, you can comprehensively safeguard your last will.
Handwritten or notarized will?
A will can either be written in person or publicly (notarized). A handwritten will must be handwritten and signed. However, handwritten wills are often formally ineffective (printout from the Internet, only the signature is handwritten) and also have risks in terms of content (unclear wording). After all, the best will is worth nothing if it gets lost. A notarized will avoids all these risks: The notary drafts the text legally and securely under his responsibility, preserves the form, and protects the will from forgery. The will must be taken to the probate court, kept there, and registered in the Central Register of Wills, ensuring it can be found.
What is the difference between a will and an inheritance contract?
More precisely, there are also differences in wills: Individual and joint wills. Only married couples can draw up joint wills, even before a notary. Individual wills can be revoked at any time. In joint wills and inheritance contracts, on the other hand, you can create a kind of commitment; the scope can primarily be freely determined. Even people who do not dispose of property upon death can participate in inheritance contracts. This particular feature of German law, little known and widespread abroad, makes interesting arrangements possible but requires expert handling.
The compulsory portion - rights of disinherited relatives
Even if you disinherit close relatives, they are often entitled to the compulsory portion, half of the statutory inheritance share. In exceptional cases, this compulsory portion can be withdrawn, for example, in the case of serious misdemeanors; however, such possibilities rarely exist, as the mandatory portion is protected by constitutional law. We will be happy to advise you on how to minimize claims to a compulsory portion or clarify them through amicable solutions, such as waivers.
What happens without a will? - The legal succession
If you have not made a will, statutory succession applies. This stipulates that your descendants (children, grandchildren) inherit first. If there are no direct descendants, your parents, siblings, or more distant relatives inherit. Spouses usually inherit half of the estate alongside the children. Unmarried partners must be expressly named in the will to be entitled to inherit.
Apply for a certificate of inheritance
After a testator's death, a certificate of inheritance is often necessary to prove the inheritance. We support you in this; when it comes to interpreting a will, we are happy to provide our opinion as a basis for an application for a certificate of inheritance.
Your notary in Cologne - Secure your estate
Our experienced notary's office in Cologne can assist you in all matters relating to wills, inheritance law, and succession. We ensure that your wishes are recorded in a legally secure manner and support you in implementing smooth estate planning. Benefit from our professional expertise and confidentiality. Contact us to find a solution for your estate together.
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Your contact person
Dr. Stefan Heinze
Together with my experienced team, I am available for notarial advice in all areas. You can contact us anytime if you have any questions or need help. We are here for you and will be happy to help.