In a will, the testator can stipulate which person receives the property and which descendant receives other assets, such as a sum of money. If the testator has not made a will, the statutory rules of inheritance apply.
Especially when inheriting real estate among several heirs, it is advisable to put your last will and testament in writing. This can prevent a group of heirs from receiving the house or apartment and potentially arguing about its future use.
Another common scenario is this: A married couple with two daughters wants to bequeath their home to a grandchild after their death. For this, they need a will. If the statutory rules of inheritance applied, the property would pass to the daughters. The grandchild would receive nothing.
However, not all close relatives can be excluded from a will. There is the so-called compulsory share. This obligates the testator to also consider close relatives.
The will should be drawn up with the assistance of a specialist lawyer in inheritance law or a notary. The notary fee is based on the value of the estate.
In principle, a handwritten will is also legally valid. However, all formal requirements must be met. If this is not the case, it is invalid. Various will templates are available online, but as Stiftung Warentest (a German consumer organization) determined in the summer of 2018, they do not always produce legally sound results. These templates ask about the user's personal situation and wishes regarding the distribution of their inheritance. The tool then provides corresponding text modules. It is not sufficient to simply print and sign these modules. Rather, the entire document must be handwritten and subsequently signed.
In addition to a will, it is also possible to conclude an inheritance contract with the intended beneficiaries. This contract must be notarized. The testator must not only be of sound mind, as when writing a will, but also legally competent. An inheritance contract is often concluded in specific circumstances, such as when a business is to be gradually transferred to a successor or when the inheritance of real estate is made conditional upon the heir being obligated, by mutual agreement, to provide certain care services for the testator before their death. A will would not suffice, as it can be unilaterally changed at any time.
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