GermanyWhat is an inheritance contract and how does it differ from a will?
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.
What the Law Says
German law treats inheritance contracts (Erbverträge) as legally stronger and more rigid than wills. They are governed exclusively by statute and require strict formalities.
An inheritance contract is a formal, bilateral agreement under § 1941 of the German Civil Code (BGB). Unlike a will, it binds both parties — meaning the testator (person leaving the estate) and the other contracting party — and cannot be undone by one side alone.
The contract allows the testator to appoint heirs, grant legacies (Vermächtnisse), impose conditions (Auflagen), and even choose which inheritance law applies — including foreign law, if permitted. Both the other party to the contract and third parties may be named as heirs or beneficiaries.
Because it’s a contract, not a unilateral declaration, it must be executed before a notary public (§ 2231 BGB applies by reference). This makes it harder to challenge later — but also harder to change.
Statutory Text(1) Der Erblasser kann durch Vertrag einen Erben einsetzen, Vermächtnisse und Auflagen anordnen sowie das anzuwendende Erbrecht wählen (Erbvertrag).
— BGB § 1941 — German Civil Code
Statutory Text(2) Als Erbe (Vertragserbe) oder als Vermächtnisnehmer kann sowohl der andere Vertragschließende als ein Dritter bedacht werden.
— BGB § 1941 — German Civil Code
What Courts Have Said
German courts have clarified key differences in enforceability, revocability, and interaction with lifetime gifts.
An inheritance contract is binding on both parties and cannot be unilaterally revoked — unlike a regular will or joint will. This gives the contractual heir stronger legal protection.
An inheritance contract does not block lifetime gifts by the testator — unless those gifts were made with intent to deprive the contractual heir (under § 2287 BGB). The heir must prove malicious intent.
What to Do
Consult a German notary before drafting an inheritance contract — it’s invalid without notarial certification.
Compare your goals with a will or joint will (Berliner Testament) — contracts offer certainty but less flexibility.
Document any lifetime gifts clearly to avoid disputes over intent under § 2287 BGB.
Review forced share (Pflichtteil) rights — contracts cannot override statutory entitlements for close relatives unless properly waived in advance.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.