Will and inheritance contract: arranging your estate clearly

The right form

• Handwritten will: written entirely by hand and signed, preferably with place and date (§ 2247 BGB). A will written on a computer is invalid.
• Notarial will: made before a notary and kept in official custody. It often replaces the certificate of inheritance.
• Joint will: only for spouses and registered civil partners, for example as a Berlin will (Berliner Testament, § 2269 BGB).
• Inheritance contract (Erbvertrag): notarial, also between unmarried persons, with binding effect (§§ 2274 ff. BGB).

Common mistakes

• Unclear terms such as “vermachen” (bequeath) instead of “vererben” (leave as heir): whether someone becomes an heir or merely a legatee has major consequences.
• Binding effect of the Berlin will: after the death of the first spouse, the surviving partner usually can no longer make changes.
• Compulsory portions are overlooked. Disinherited children can demand their compulsory portion as early as after the first death.
• Inheritance tax: with a Berlin will, the children's tax allowances often remain unused after the first death.

Special families and assets

Blended families, unmarried couples, children with disabilities, businesses or property need tailor-made solutions, for example prior and subsequent inheritance (Vor- und Nacherbschaft), legacies, executorship (Testamentsvollstreckung) or a will for the benefit of a disabled person (Behindertentestament).

How we proceed

We discuss your family, your assets and your goals, explain the consequences of the various arrangements and draft your will or prepare the inheritance contract for the notary. We check existing wills to see whether they still suit your situation.