If assets are to be transferred by inheritance, it is of high importance to draw up a will in accordance with one’s own ideas as early as possible.
It is not a pleasant subject to think about one’s own death and the resulting consequences. However, a well thought-out and legally secure will is essential for the security of the family, to avoid conflicts among the heirs and to ensure that the succession is in accordance with one’s own wishes.
Spouses can also draw up a joint will – for example, a so-called Berlin will, in which they appoint each other as sole heirs and the children only become heirs after the death of the longer-lived spouse. These quite common wills, which deviate from the statutory succession, have advantages – such as protecting the longer-living spouse – but also disadvantages, particularly with regard to claims to a compulsory portion or tax consequences. In this respect, such a will should be well considered and, if one decides to do so, well drafted.
Particularities apply if there are no children. If no will is drawn up in such a case, it depends on chance to which family the assets are passed on. Thus, the longer-living spouse regularly becomes heir, at least to a predominant part. If the longer-lived spouse dies, the assets go to his or her relatives. This legal succession often does not correspond to the wishes of the spouses.
We advise and assist you in the drafting of a will or the establishment of inheritance contracts in accordance with your individual ideas for the future. If you wish, we can also act as executor of your will.
Further topics on wills: