New partnership for senior citizens

Disputes over wills involving celebrities frequently make headlines: elderly widowers often name their second wife as sole heir – to the detriment of their children from their first marriage. But it's not just celebrities and their families who are affected by such conflicts.

Do you remember Helmut Kohl? In 2008, he married his former speechwriter, Maike Richter, 34 years his junior, as his second wife, and became increasingly estranged from his children and grandchildren. When he died in 2017, a protracted inheritance dispute ensued. Many "ordinary" married couples have this or a similar event in their own circle of acquaintances as a negative example and want to ensure that in their family, the surviving spouse bequeaths the joint assets to their own children and not to a potential new spouse. On the other hand, fairness and justice are naturally desired – above all, no one wants the surviving relatives to fight over the inheritance. This inheritance often includes one or more properties. If neither a prenuptial agreement nor a will exists, the statutory order of inheritance applies: 50 percent goes to the new spouse, the remainder is divided among the children; two children, for example, each receive 25 percent. Note: Even children who are disinherited are normally still entitled to half of their original inheritance, the so-called "compulsory share" (12.5 percent in this example). If the spouse has been named as the sole heir in the will, the children's inheritance also shrinks to this compulsory share, in the above case to two times 12.5 percent. The remaining 75 percent goes to the new spouse.

No claims without a marriage certificate.

The situation is quite different if the new partners are "only" in a cohabiting relationship, for example, to continue receiving their respective widow's/widower's pensions. In this case, the partner has no claims whatsoever after the testator's death – even if they have lived with them for years or even devotedly cared for them. They must also vacate the testator's home immediately upon the heirs' request. There are numerous ways to provide for or benefit children, spouses, partners, relatives, and other individuals through a will. However, there are also many pitfalls, and a poorly drafted will is highly likely to be contested or declared invalid. If you, as a couple or individual, find yourselves in a similar situation and wish to influence your inheritance, it is strongly recommended that you consult a notary or specialized lawyer who can advise you on inheritance law and draft a legally sound will according to your wishes.

Sources: anwalt.de, en.wikipedia.org, faz.net, finanztipp.de