Erbvertrag und Testament

Information on wills and inheritance contracts.

In principle, it makes sense to draw up a will or an inheritance contract, particularly if larger assets are at stake, the succession of a commercial enterprise needs to be regulated or a distribution of the estate among a large number of legal heirs is to be avoided.

However, it may also be advisable to draw up a will or an inheritance contract to avoid disputes later on, even if the assets are smaller.

A will can be drawn up before a notary - this is known as a "public will". Or it can be written by hand and signed by hand, stating the date and place; this is known as a "personal will".

In addition to drawing up a will, there are also cases in which it is better to conclude an inheritance contract. You can also determine the transfer of your assets upon death in an inheritance contract. One difference to a will is that in an inheritance contract you can enter into a commitment towards the contracting party (so-called contractual dispositions). In principle, you can only withdraw from this under certain conditions.

Inheritance contracts are often concluded in non-marital partnerships. As these persons, unlike in marriage or registered partnerships, have no statutory inheritance rights, the survivors can be given a secure legal position in this way.

Often the purpose of the inheritance contract is also to oblige the contracting party to provide for the deceased until the end of his or her life. The parties to the contract do not need to be married, related by blood or marriage. The parties can consist of several people on both sides. Other common aspects of concluding an inheritance contract are of a business nature.

For a public will or contract of inheritance to a notary.