Erbvertrag Verwahrung

§ 2274 ff German Civil Code (BGB)
Section 34 paragraph 1 Notarization Act (BeurkG)

Succession can also be regulated by drawing up an inheritance contract. This is particularly interesting for unmarried couples, as they cannot inherit according to the statutory succession or draw up a joint 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 in the inheritance contract.
The contracting parties do not need to be married, related or related by marriage.

While a will is drawn up unilaterally by the testator, an inheritance contract always involves two parties. Both parties can dispose of their estate (mutual inheritance contract). However, it is sufficient if only one party makes a testamentary disposition (unilateral inheritance contract). The crucial difference to a will is the binding effect of an inheritance contract: if the contracting parties want to make a binding arrangement (“contractual disposition”), the testator is bound by the disposition. While a will can be revoked at any time, this is not possible with an inheritance contract.
The inheritance contract renders previous and subsequent wills ineffective if they contradict the inheritance contract.
After its creation, the inheritance contract is placed in special official custody at the probate court or remains with the notary.

ID card or passport

In order to be able to draw up an inheritance contract, you must be capable of making a will (mentally healthy, able to legally conclude an inheritance contract).

There are notary fees which depend on the value of the estate.

Make an appointment with a notary of your choice.
You can use the nationwide notary search via Notar.de.

An appointment with the notary is necessary.

No.

The formal requirements for inheritance contracts are strict. An inheritance contract can only be concluded before a notary. Therefore, seek advice from a notary if you are considering this route.

Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

No legal remedy provided

• Inheritance contract creation and safekeeping
• Any notary can draw up an inheritance contract.
• Suitable for legally regulating the inheritance of unmarried couples
• After its creation, the inheritance contract is kept at the probate court or at the notary

Hamburg District Court