Engel & Völkers
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Determine yourself who inherits what

What wills and inheritance contracts regulate

How do you proceed if assets invested in real estate are to be inherited? First of all, the testator can decide to deviate from the legal succession. He does this with a testamentary disposition, i.e. with a will or with a contract of inheritance. This is referred to as voluntary succession.
Wills and contracts of inheritance differ in their form and legal effect. The contract of inheritance must be notarised, whereas the will can also be made in private. For it to be valid, however, the testator must write it by hand and sign it personally, indicating the place and date.

When spouses bequeath a property


If spouses make a joint will, it is sufficient for one of them to write the will by hand. However, both must sign it personally.
If one of the spouses dies, the surviving spouse is still bound by all provisions in the will that affect both spouses. The same applies to the contract of inheritance: a change in the testamentary dispositions agreed there is only possible to a very limited extent and under certain conditions.

Clear wording in the will is important


In order to avoid disputes over inheritance or succession at a later date, the contents of a will or contract of inheritance should be unambiguous. The more potential heirs or legatees there are and the larger and more diverse the estate, the more difficult this is. This applies in particular if business assets are to be inherited in addition to private assets.

  • Formulate it as clearly and unambiguously as possible

  • The text must be handwritten

  • Place and date must be stated

  • Your handwritten signature makes it valid

  • If there are two of you, both testators must sign

  • A will is valid without notarisation

Annika Michelsen

Please feel free to contact us if you have any questions on this topic or would like advice on other real estate matters. We look forward to hearing from you.

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