Estate Planning

An executor (Testamentsvollstrecker) is a person appointed by will to manage and distribute the estate according to the testator’s instructions and in the beneficiaries’ best interests.

Yes, you can disinherit your children in Germany through a will, but they are still entitled to a forced share (Pflichtteil) — half the value of their statutory inheritance share.

The forced share (Pflichtteil) is a legal minimum inheritance that certain close relatives — children, parents, and spouses — are entitled to receive even if disinherited in a will. It equals half the value of their statutory share.

The forced share (Pflichtteil) in Germany equals half the value of the statutory inheritance share the person would have received if there were no will. Gifts made before death may increase this amount under certain conditions.

Yes — gifts made within 10 years before death can increase the forced share (Pflichtteil) of eligible heirs under BGB § 2325, with a 10% annual reduction for each year beyond the first.

Germany offers tax-free allowances (Freibeträge) based on relationship to the deceased, ranging from €20,000 for distant relatives to €500,000 for spouses or registered partners.

If someone dies without a will in Germany, inheritance follows strict legal order: first descendants, then parents/siblings, then grandparents — with the surviving spouse always receiving a share (¼ to full estate) depending on who else inherits.

Yes, as an heir in Germany, you are personally liable for the deceased's debts unless you disclaim the inheritance or limit liability through estate administration.

An Erbschein is an official document issued by a German probate court that proves who the legal heir(s) are and the size of their share in the estate.

The surviving spouse inherits a statutory share of the estate depending on which other relatives survive: one-quarter with children, one-half with parents or siblings, and the full estate if no other relatives exist.

The 'small forced share' (kleiner Pflichtteil) is not a statutory right in German law — it's a common misnomer. The surviving spouse has no standalone forced share unless entitled as a statutory heir or under § 1371 (marital property equalization).

You must formally disclaim the inheritance by filing a written declaration with the local probate court (Nachlassgericht) within six weeks of learning about your entitlement — no exceptions.

You must disclaim an inheritance within six weeks of learning you are an heir — or six months if you or the deceased lived abroad.

To be valid, a handwritten will in Germany must be entirely handwritten, signed with your full first and last name, and dated with day, month, and year — all in your own handwriting.

A notarial will is a formal will drafted and certified by a German notary; it’s required for complex estates, joint wills, or when you want maximum legal certainty and avoid challenges.

A joint will (Berliner Testament) is a single testamentary document made by married spouses that contains reciprocal provisions — typically naming each other as sole heir first, and a final heir (e.g., children) after the second spouse dies.

Generally, no — the surviving spouse cannot unilaterally revoke reciprocal dispositions in a joint will after the first spouse dies, unless they disclaim the inheritance or meet strict legal exceptions.

An inheritance contract (Erbvertrag) is a binding agreement between two parties about inheritance, while a will is a one-sided declaration that can be changed anytime. Contracts require notarization and cannot be unilaterally revoked.

A contested will may be declared invalid by a court if the testator lacked testamentary capacity, was unduly influenced, or the will failed formal requirements. The burden of proof lies with the person challenging it.

A legacy (Vermächtnis) is a specific gift from an estate to a non-heir, while inheritance means becoming a legal heir with full rights and liabilities of the estate.

Testamentary capacity (Testierfähigkeit) in Germany means being at least 16 years old and mentally capable of understanding the nature and consequences of making a will. It can be challenged if the testator lacked mental clarity due to illness, dementia, or impaired consciousness at the time.

Yes, you can set conditions (conditions precedent or subsequent) in your will under German law, but they must be lawful, possible, and not violate public policy or forced share rights.