Notaries –
Inheritance & Bequests

Wills, inheritance contracts, and execution of wills

The Basic Law guarantees freedom of testamentary disposition: through a will or inheritance contract, everyone can determine for themselves who will receive their assets in the event of death. In doing so, the testator is not bound by the statutory order of succession. For example, they can appoint persons who are not related to them as heirs, change the statutory shares of inheritance, and arrange for legacies or the execution of wills. These arrangements can be made by will or inheritance contract.

All documents relevant to succession will be registered in the will registers of the registry offices until the end of 2011 and, from 2012, in the Central Register of Wills of the Federal Chamber of Notaries (ZTR). This ensures that the document is taken into account in the probate proceedings in the event of death. This provides procedural assurance that the last will and testament documented in a notarial deed will be carried out.

Types of testamentary dispositions

Will. A will can be drawn up as an individual will or—by spouses or registered partners—as a joint will. Although a will can also be written by hand—entirely in cursive—notarial advice, preparation, and certification are strongly recommended: Handwritten wills often contain ambiguities or errors that later give rise to disputes. Other instruments of provision such as powers of attorney, compulsory portion claims, and many other aspects must also be taken into account when drafting a disposition of property upon death. These few examples illustrate the legal complexity of the subject.

Inheritance contract. An inheritance contract is a disposition of property upon death in the form of a contract involving at least two contracting parties. It must be notarized. Unlike a joint will, persons who are not married to each other can also conclude an inheritance contract. Compared to notarized joint wills, inheritance contracts are less expensive because they do not have to be placed in the special official custody of the probate court.

The dispositions of property upon death made in an inheritance contract can generally only be changed with the consent of both contracting parties, and not at all after the death of one contracting party. In many cases, this binding nature is a useful means of controlling the estate in accordance with the wishes of the first to die. However, an inheritance contract can also provide for a later unilateral change to the dispositions to a large extent, provided that a binding effect is not desired. The inheritance contract is therefore an extremely flexible and individual instrument with which the succession can be optimally adapted to the wishes of the testator.

Planning tools

In addition to appointing heirs, there are a variety of planning tools available. As notaries, we combine these in our consulting and planning practice in such a way that your last will and testament is executed in the best possible way and with legal certainty.

Bequests. If you do not want certain people to inherit, but rather to receive only individual items from your estate, you can arrange for a bequest of these items. The bequeathed item does not immediately become the property of the beneficiary upon your death. Rather, the heir must hand over the item to the beneficiary.

Execution of a will. You can arrange for the execution of your will by means of a disposition of property upon death. Unless otherwise specified, the executor of the will has the task, among other things, of taking possession of the estate, executing your last will and testament, and, in the case of a community of heirs, settling any disputes among the heirs. Ordering the execution of a will makes sense in the case of larger estates or if it is to be expected that the heirs would be overwhelmed by the administration of the estate due to minority, inexperience, or medical reasons.

Appointment of a guardian. Parents can appoint a guardian for their child in the event of their death. This is also done by means of a disposition of property upon death.