Frequently asked questions about inheritance law

Our widowed father died recently at an advanced age, leaving approximately €150,000 and no will. I cared for him alone for years; my two siblings did not help. Is that care taken into account when the estate is divided?

Answer: German law can provide an equalisation payment between descendants for care given over a substantial period without adequate remuneration. The circumstances, duration and extent of the care, expenses and any effect on earnings need to be assessed.

The agreed or established care allowance is deducted before the remaining estate is divided, then added to the carer’s share. For example, if the care is valued at €30,000, the remaining €120,000 is divided between the three children at €40,000 each. The carer receives the additional €30,000, giving a total of €70,000.

A will can affect or exclude this statutory equalisation. Care insurance payments may offer a point of reference when assessing the work, but they do not determine the amount automatically. An earlier care allowance example used monthly figures of €440, €1,040 and €1,510 for the former care levels I, II and III. These are historical figures under an earlier system, not current benefit rates.

Our father has died. My brother and I had not been in contact with him for several years. Do we have to arrange the funeral and pay for it?

Answer: Responsibility for arranging a funeral and deciding how it is conducted must be distinguished from liability for its costs. In the absence of other relevant arrangements, North Rhine-Westphalia’s funeral legislation places duties on close relatives. The statutory order and the deceased’s wishes must be checked for the particular case.

Children may therefore have to act where no higher-ranking person, such as a surviving spouse, does so. Lack of contact does not by itself remove the duty.

Civil-law liability for funeral costs generally rests with the heir, who need not be the nearest relative: a will could appoint a neighbour instead. However, recovering costs from an heir may be difficult if the inheritance is disclaimed or the estate is insufficient. Disclaiming an inheritance does not automatically resolve a separate public-law funeral obligation.

Social assistance may be available where it would be unreasonable to expect the responsible person to bear the necessary costs. Income, assets and the particular relationship with the deceased may be relevant. A seriously broken relationship can require detailed evidence; estrangement does not create an automatic exemption.

My widowed mother transferred her two-family house to me without payment in 2005, retaining a registered lifetime right to live there free of charge. The house was worth about €160,000. She now lives in a care home and the social assistance authority pays most of the fees because her pension is small. The authority has demanded return of the house. Can it simply make us leave our home?

Answer: The position is more complex than that. If a donor later cannot meet their own maintenance needs, a right to recover a gift may arise under the statutory rules. An authority funding care may acquire and enforce that right. The ten-year rule and its starting point must be examined.

Recovery is linked to the unmet need and the value of the gift. It may be possible to meet the obligation through payments towards the shortfall rather than returning the entire property. The duration of care, the amount paid and any applicable defences matter; the demand should be reviewed before responding.

To establish the gift’s value, relevant burdens such as a retained right of residence must be considered. Its capital value depends on matters including age, rental value and valuation rules. The illustrative historical example assumes a mother aged 70 in 2005, a monthly rental value of €500 and a residence right valued at about €65,000. On those assumptions, the net gift would be at most €95,000 rather than €160,000. This is an illustration, not a current valuation.

If you provided substantial consideration, such as agreed care or repayment of a loan, the transaction may have been wholly or partly for value rather than a gift. There may also be a defence where repayment would endanger your own reasonable maintenance or that of your family. The transfer agreement and financial circumstances need individual assessment.

Our father died four months ago. He was married to our stepmother and appointed her sole heir in his will, leaving nothing to his three children. A friend says we may still have compulsory share claims. How much would they be, and what do we need to do?

Answer: German law protects certain close relatives through compulsory share rights even when they are excluded by a will. The entitlement is a monetary claim against the heir, rather than a right to demand particular estate assets.

The compulsory share is normally half the value of the statutory inheritance share. Assuming the default community of accrued gains regime applied, your stepmother would inherit one half on intestacy and the three children would share the other half, giving each child one sixth. Each compulsory share would therefore be one twelfth of the relevant net estate.

For example, with a net estate of €120,000, each child’s statutory share would be €20,000 and their compulsory share €10,000.

Payment is not made automatically: you must assert the claim against your stepmother. If you do not know the estate’s extent, you can request a detailed inventory and, where appropriate, professional valuations. Lifetime gifts may also be relevant to a supplementary compulsory share claim. The ten-year rules and any exceptions require separate examination.

My father’s will appoints his neighbour as prior heir and me as reversionary heir. Do I already have rights? The estate includes a house: can I prevent the neighbour from selling it or giving it to his children?

Answer: A prior heir holds an inheritance subject to a later succession. The trigger may be a date or event, such as the prior heir’s death, a specified age, marriage or another condition. If the will does not provide otherwise, the later succession normally occurs on the prior heir’s death. You then receive your father’s estate, not the neighbour’s own property. The two estates must be kept distinct.

You already have statutory rights against the prior heir, including a right to an inventory of estate assets. Requesting it can help avoid later disputes with the prior heir or their own heirs about what belonged to your father.

You may attend preparation of the inventory and request notarial recording in the circumstances provided by law. Expert evidence about an asset’s condition can also be useful.

A will may release a prior heir from certain restrictions, creating an “exempt prior heir” (befreiter Vorerbe). Some duties, including the inventory duty and important restrictions on gifts, remain. The certificate of inheritance should indicate whether an exemption applies.

A reversionary heir’s interest in real estate is normally noted in the land register. A gratuitous transfer prejudicing your rights cannot simply bypass that protection. A sale must be assessed in light of the will, any exemption and the transaction’s terms; consent may be required. Keep the administration under review and obtain advice before consenting to a disposal.

My husband died leaving savings of approximately €120,000 accumulated during our marriage. He made no will. We had no joint children, but he had two children from his first marriage. How much am I entitled to?

Answer: Alongside descendants, the basic statutory share of a spouse is one quarter. Under the default community of accrued gains regime, a further quarter normally applies as flat-rate equalisation of accrued gains, giving one half overall. On that basis you would receive €60,000.

Accrued gains are the increase in each spouse’s assets during the marriage. When the marriage ends by death, the statutory inheritance route normally uses the flat-rate increase rather than calculating those gains individually.

In some circumstances, the survivor can instead disclaim the inheritance and claim actual equalisation of accrued gains plus a compulsory share. Which route is more favourable depends on both spouses’ opening and closing assets and the other legal requirements.

In the simplified example, your husband’s gain is €120,000 and yours is zero. Actual equalisation would be €60,000. The remaining estate would be €60,000, from which the small compulsory share of one eighth would amount to €7,500. The total would then be €67,500 rather than €60,000.

This calculation depends on the stated assumptions and is not a recommendation to disclaim without advice. The usual disclaimer period is only six weeks, and the consequences must be checked promptly.

My unmarried brother died a year ago while living in our house. My sister and I inherited his savings under intestacy and obtained a certificate of inheritance. I have now found a handwritten will appointing my daughter sole heir. What must we do, and what happens to the inheritance tax already paid?

Answer: The will must be delivered promptly to the probate court. The court will examine it and the existing certificate. If that certificate is incorrect, it must be withdrawn. You and your sister can raise any substantiated concerns about the will’s validity.

If the will is valid, your daughter can apply for a certificate reflecting her entitlement. The assets will then need to be accounted for and transferred in accordance with the correct succession position.

Notify the tax office yourself and request review of the inheritance tax assessments rather than relying solely on information passed on by the court. Discuss how to handle the tax already paid pending a refund. Do not assume that you may unilaterally retain any amount from money owed to the true heir without establishing the legal basis.

My father-in-law has entered a care home costing approximately €3,500 a month. The social assistance authority will pay part of the cost. Must my husband and I contribute? What about his brother, who received the parents’ house in 2001?

Answer: The authority first assesses the parent’s income, assets and other claims. The property transfer agreement may contain support obligations. A retained residence or usufruct right, and any ability to rent out the property, can affect the position. Rights to recover gifts may also matter; the transfer date alone does not answer every question without considering the relevant statutory period and circumstances.

The rules on recovering care costs from children have changed substantially. Since 2020, the social assistance rules generally protect children whose annual gross income does not exceed €100,000, subject to the statutory definition and exceptions. Above the relevant threshold, ability to pay still requires an individual maintenance assessment. An in-law does not owe parental maintenance merely because of the marriage.

The older simplified calculation deducting a €2,700 allowance from combined net income and taking up to half the balance is historical. Its example of €2,900 producing a €100 monthly contribution is not a current assessment rule. Income adjustments, retirement provision, family obligations and the distinction between the child’s and their spouse’s assets need proper advice. Do not provide information or accept a demand solely on the basis of that old formula.

A tenant in my rental property has died. I know of no relatives and nobody has contacted me. The flat is full of furniture and a car remains in the rented garage. Who pays the outstanding and ongoing rent, and who can arrange clearance?

Answer: Subject to any statutory rights of other household members, the tenancy and its obligations pass into the estate. If the heirs are unknown, you can apply to the competent probate court for an estate custodian (Nachlasspfleger) where the conditions are met.

The custodian represents the unknown heirs, investigates their identity and deals with the tenancy within the appointment’s scope. Rent arrears and ongoing rent may be paid from available estate assets. Assets such as a car may need to be sold to meet liabilities.

A valid notice ending the tenancy can be served on an appropriately appointed custodian, and the custodian may also terminate on behalf of the heirs. This creates a lawful route for resolving the tenancy and the remaining belongings; the landlord should not simply dispose of them independently.

My husband and I have two adult sons, Michael and Tom. Michael has an intellectual disability, lives in supported accommodation and receives social assistance. We want both sons to benefit after our deaths, but are concerned that Michael’s inheritance will be used to replace his support. What can we do?

Answer: A carefully drafted will for a beneficiary with disabilities aims to provide benefits beyond state support while taking account of means-testing rules. The former €2,600 protected-assets figure is historical; it is not a current general threshold.

A possible structure appoints the surviving parent and Michael on the first death, then Michael and Tom on the second. Michael receives a prior inheritance in each case, with a reversionary heir appointed to take that share on his death. The exact beneficiaries and triggers must be tailored to the family.

His share is often set above the value of the applicable compulsory share to avoid a shortfall claim that could be pursued by an authority. On the family and matrimonial assumptions in this example, compulsory shares would be 12.5% after the first parent’s death and 25% after the second; different family and property arrangements can change these figures.

An executor manages Michael’s share and may fund permitted extras such as travel, clothing or hobbies. The survivor might be appointed initially, with Tom as substitute. The beneficiary’s restricted control and the executor’s powers are central to the arrangement, but protection cannot be guaranteed by a generic clause. Specialist legal or notarial drafting is essential.

My aunt died leaving several properties and a painting worth approximately €20,000. Her will says I should receive the painting and her two children should share the rest. The certificate of inheritance names only the children. Do I need my own certificate to claim my share?

Answer: First distinguish an heir from a legatee. An heir succeeds automatically to the estate’s assets and liabilities on death; no declaration of acceptance is required for that transfer. Several heirs normally inherit fractions of the estate as a whole, rather than becoming sole owners of selected objects immediately.

For example, if a net estate of €150,000 passes to two equal heirs, each has a €75,000 share in value. They must agree how to allocate property, jewellery and bank balances. If agreement on real estate fails, a partition auction may be considered, with associated risks and costs.

A legatee, by contrast, has a claim against the person responsible for fulfilling the legacy. They do not automatically become the owner of the particular item at death and generally do not need a certificate naming them as an heir.

The will must be interpreted to establish what your aunt intended. Everyday words such as “inherit” and “leave” do not always distinguish the legal positions. Where someone receives only a particular item, especially one of relatively small value compared with the whole estate, the statutory interpretation rule generally points to a legacy. On your facts, that is the likely position for the painting.

Our daughter died after a heart attack. She had no children and left a house worth about €180,000. At the funeral, her separated husband claimed the house was his and showed us an undated, unsigned document said to be her will. Can he take the house, or do we inherit?

Answer: A private handwritten will must be written entirely by the testator and signed at the end. An unsigned document will normally fail that requirement. Omitting a date is not always fatal, but can create difficulties in establishing which of several wills was made last.

If there is no valid will, intestacy applies. Assuming the default matrimonial regime and that the spouse’s inheritance right has not been excluded by the circumstances of pending divorce proceedings, the husband would normally receive three quarters and the parents together one quarter. Separation alone does not necessarily end the spouse’s rights.

You would then form a community of heirs, jointly administering the estate, settling liabilities and distributing what remains. If agreement over real estate cannot be reached, a co-heir may be able to seek a partition auction without unanimous consent.

A quarter of €180,000 is €45,000, but that is not a guaranteed payout. Liabilities, auction costs and a sale below market value can reduce the amount. A negotiated solution should therefore be explored before resorting to an auction.

My father has lived in a care home since a severe stroke. Three years ago he gave my brother a notarised power of attorney. My brother now deals with our father’s assets without consulting me or giving information, and has even sold his house. What can I do?

Answer: A valid, sufficient power of attorney can make a court-appointed representative unnecessary. Its scope depends on its wording, and the attorney must comply with the underlying duties owed to the person who granted it. A broad power does not give permission to use assets for the attorney’s own purposes.

Being another child does not automatically give you a right to approve transactions or demand an account during your father’s lifetime. However, evidence of misuse can justify contacting the competent court. Subject to the statutory requirements, supervision or a control representative may be appropriate.

Your father may himself have information and accounting claims against your brother. If he cannot exercise them, the appropriate representation must be established. Such claims can pass to his heirs on death. If you become a co-heir, you may then be able to seek an account for the estate. Irregularities or misuse may give rise to repayment or damages claims.

My uncle died leaving a handwritten will appointing me sole heir. The land register still names him and my aunt, who died three years earlier, as joint owners. I have found a buyer. Is my uncle’s will enough to sell the house?

Answer: The succession following both deaths must be established. For land register purposes, a handwritten will will generally require a certificate of inheritance as proof of your entitlement. Your aunt’s share must also be traced.

If your uncle inherited her entire share and no binding provision determines the later succession differently, a further certificate for her estate may establish the chain. Without a will, a childless spouse does not necessarily inherit alone: the aunt’s parents, siblings or their descendants may also have inherited, depending on who survived.

If your uncle owned the whole property and you inherited it alone, you can proceed as sole owner once the necessary proof and conveyancing requirements are met. If other heirs of your aunt remain entitled, you may own the property with them and need their participation. A majority vote does not generally authorise one co-heir to sell the whole property over another’s objection.

An application for a certificate can be made through the probate court or a notary. Have both estates and the land register checked before committing to a sale.

My husband died in a road accident two years ago. I am worried about what would happen to our three-year-old daughter if I also died. Can I say who should care for her?

Answer: A parent can nominate a guardian for the event of their death in a testamentary disposition. A private will must meet the applicable handwritten and signature requirements; a contract of inheritance requires notarisation. It is sensible to explain why the nominated person is suitable. The court must still consider the child’s welfare and the statutory conditions.

A nomination for after death is distinct from arrangements needed if you are alive but temporarily or permanently unable to exercise parental responsibility. These situations should be addressed separately.

Official safekeeping can protect the will against loss. An illustrative statement might say: “For the event of my death, I nominate my sister [full name, date of birth, address] as guardian for my daughter [full name, date of birth]. My daughter already has a close relationship with her, and I believe she will provide suitable care.” The whole will must satisfy the relevant formalities; copying an example alone does not establish suitability or validity.

My former husband and I lived in a blended family until our divorce two years ago. He brought two daughters into the marriage, I brought a son, and we had one joint daughter. He has now died leaving about €76,000 in a bank account. Who receives it?

Answer: First establish whether there is an effective will. If so, its provisions govern subject to any protected claims. Without one, intestacy applies.

A divorced spouse has no statutory inheritance or compulsory share right merely from the former marriage. A spouse’s rights can also be excluded in certain pending divorce situations, but filing an application alone is not a complete statement of those requirements.

On the stated assumptions and with no surviving spouse entitled to inherit, his three daughters inherit equally. Your son, as a stepchild who was not adopted by him, does not automatically inherit. Each daughter’s share is one third of the net estate, approximately €25,333 of a €76,000 account before other assets and liabilities are considered.

The daughters form a community of heirs and generally act jointly in dealing with the account. A bank may require suitable evidence of entitlement; a certificate of inheritance is one form of proof, but is not invariably the only acceptable evidence.

Check whether anyone holds a bank power of attorney continuing after death. The heirs should review such powers promptly and, where appropriate, revoke them in writing.

What happens to my data and online accounts after I die?

Answer: Digital accounts and contractual rights are an important part of estate planning. Heirs are not generally excluded from access to a deceased person’s social media messages merely because the contents are personal. In its Facebook decision of 12 July 2018, the Federal Court of Justice recognised succession to the account contract, including access to its communication contents. The particular service, contract and any genuinely personal rights still need to be considered.

Heirs may need account and contract information to identify assets, debts, subscriptions, domains and other obligations. A provider’s memorialisation or deletion procedure is not a substitute for examining the legal inheritance position.

Can I make arrangements in advance?

Yes. A will and suitable powers of attorney can set out how digital matters should be handled and who should deal with them, subject to the law and each service’s requirements.

In practice, relatives often do not know which accounts exist or how to obtain access. Keep an up-to-date inventory of important services and instructions, using a secure method for credentials. Balance accessibility for the authorised person with protection against unauthorised access. Review passwords and instructions when they change, and consider a power of attorney that remains effective after death.

My mother died without a will. My brother and I inherit €300,000. Ten years ago she gave him €100,000 when he built a house. Must that amount be credited against his share?

Answer: Not every lifetime gift is automatically equalised between children. Sections 2050 onwards BGB distinguish between the purpose and circumstances of the benefit.

Certain benefits to establish a child’s position in life, such as a contribution on marriage, taking over debts or support in setting up a business, can qualify as an Ausstattung and be subject to equalisation unless the parent directed otherwise. Income support and education expenses may be brought into account to the extent that they were excessive relative to the parent’s means. A second course of study is not automatically subject to equalisation simply because it is a second course; the circumstances matter.

Other gifts generally require an equalisation direction made at the time of the gift. On the assumption in this example that the house-building contribution was an ordinary gift and no such direction was made, you each receive €150,000 from the estate.

If the full €100,000 were subject to equalisation, it would be added for the calculation: €400,000 divided by two gives €200,000 each, from which your brother’s advance is deducted. You would receive €200,000 from the estate and he would receive €100,000.

Disputes often concern whether a gift was an Ausstattung and who can prove its purpose. State clearly at the time of a transfer how it should affect later succession. A missing statutory equalisation direction cannot simply be imposed retrospectively during life; a will may sometimes address the imbalance by an additional legacy, subject to any existing binding arrangements.

I have recently become a grandmother and would like to save a small monthly amount for my grandchild. The money should be available after my death. What should I consider?

Answer: Decide first whether the account and funds should belong to the child now or remain yours during your lifetime. The account’s name alone may not settle ownership; the bank agreement and intended gift matter.

If an effective gift is made to an account owned by the child, the money generally does not form part of your estate. The parents normally need to participate while the child is a minor and have duties when managing the child’s assets. It is not money you can freely reclaim for yourself. Gift recovery and means-tested care rules can still be relevant; gifting does not guarantee protection from every later claim.

Alternatively, an account in your own name with a benefit payable to the grandchild on death may preserve your access while alive. This can be structured as a contract for a third party’s benefit. Depending on the arrangement, the heirs may be able to prevent completion of the gift or revoke a related offer before the beneficiary accepts it.

Participation by the beneficiary and the wording on revocability can affect this risk. There are other investment and succession options too, so the arrangement should reflect your overall situation and be agreed precisely with the bank and adviser.

I found my late father’s insurance folder. Must I cancel the policies, or can I continue using them?

Answer: It depends on the type of cover and the policy conditions. Some contracts end on death; others continue or can be terminated within specified periods. Notify insurers promptly and obtain written confirmation rather than assuming the same rule applies to every policy.

Buildings insurance normally continues with the property and does not necessarily carry a special cancellation right merely because of inheritance. Existing premium arrangements should be checked.

Personal liability cover may end for the deceased, with a proportionate refund depending on the terms and notification. Family cover may continue for insured relatives, sometimes until the next premium date, with continuation possible if premiums are paid.

Contents insurance may continue where an heir takes over the household unchanged. If the household is dissolved, termination and refund rules apply. A two-month period may appear in the conditions, but the actual policy must be checked.

Motor insurance normally follows the insured vehicle, with possible changes to the premium or policyholder. Sale, registration changes and cancellation rights need separate attention.

Legal expenses insurance may continue or offer cancellation options under its terms. A one-year cancellation right must not be assumed to apply to every policy.

Life insurance proceeds are normally payable to a validly designated beneficiary; otherwise they may fall into the estate. If the deceased was the policyholder but another person’s life was insured, succession to the policy is a separate issue from payment on death.

To help future heirs, keep a complete list of policies and tell a trusted person where the documents are stored.

An advance healthcare directive records how you want to be treated if you can no longer give or communicate consent. It helps preserve your medical self-determination after illness, accident or loss of capacity. It is relevant to doctors, care staff, your authorised or court-appointed representative and, where necessary, the court.

Specify the situations in which it should apply, such as an irreversible dying process or the final stage of an incurable illness, and the treatments you accept or refuse. Resuscitation, artificial nutrition and pain relief are examples. A doctor can explain the medical implications.

Your values, religious beliefs and views about life and dying can help interpret the document where uncertainty arises. Even young adults can unexpectedly lose capacity, so considering a directive from adulthood is sensible. The statutory directive is made in writing by an adult with the necessary capacity; arrangements for minors require separate consideration.

It is usually sensible to make a power of attorney alongside it. This can identify who is to represent you in health and other matters, including residence and measures restricting liberty, subject to the specific statutory requirements and any required court approval. The representative can help ensure your wishes are followed. Without appropriate authority, a court appointment may be needed.

A notary can advise on the documents and record them. Clear, sufficiently specific instructions matter more than relying on a general expression of wishes alone.

A family member left a handwritten will giving me almost everything, apart from valuable stamps and a car for the children. There is also a house. The bank will not release money even though funeral bills have arrived. What can I do?

Answer: The bank must establish who is entitled to act for the estate. A certificate of inheritance provides formal evidence of the heirs and their shares. However, a bank cannot automatically insist on a certificate in every case if other adequate evidence is available. Ask what documents it needs and whether funeral invoices can be settled directly.

A handwritten will or intestacy will often make a certificate necessary, particularly for land register purposes. A notarised will or contract of inheritance together with the opening record can frequently provide the required proof instead.

The heirs can apply through the competent probate court, usually determined by the deceased’s last habitual residence, or through a notary. Other persons may be entitled to apply in specified circumstances. The application requires details of the family and succession documents, supporting records and usually an affidavit. A notary can help assemble the documents and assess the shares.

Planning with a notarised will may avoid a later separate certificate and help the heirs act sooner. Fees for each route should be considered together.

For cross-border estates, the European Certificate of Succession has been available under the EU Succession Regulation for relevant deaths from 17 August 2015. It is an additional instrument for use in participating Member States, rather than a universal replacement for national proof.

The Regulation generally uses habitual residence as the starting point for the applicable succession law, subject to its rules and exceptions. A permitted choice of the law of nationality may be useful. Someone retiring to Mallorca or moving to France should therefore review their estate planning rather than assume German law will automatically continue to apply.

I am widowed and want to transfer my home to my children, keep living there for as long as possible and avoid disputes. Would they have to return it if I entered a care home?

Answer: A lifetime transfer can help shape succession and may make use of tax allowances, depending on the circumstances. A notarised agreement can reserve a right of residence or usufruct and provide safeguards if the recipient dies, becomes insolvent or faces other specified events. Once ownership has passed, you cannot simply sell the house as though it were still yours.

Where possible, discuss the plan with all children. Other children might receive compensation and make an appropriate notarised waiver relating to the property, reducing later disputes.

If a donor later cannot meet their own maintenance needs, statutory gift recovery may become relevant. A social assistance authority funding care may acquire the claim. This does not mean that moving into a care home automatically requires return of the entire house. Payments towards the uncovered need may avoid return, subject to the legal requirements and defences.

The gift’s net value depends on the property, consideration provided and reserved rights. Timing and the applicable ten-year rule must be checked carefully. Do not rely solely on a blanket statement that a house is protected exactly ten years after any transfer; the relevant legal claim and starting point matter.

My husband and I made a joint will in 1987 appointing each other sole heir and our son and daughter as equal ultimate heirs. Our son has since lost contact with us, while our daughter cared for my husband and supports me. He has now died. Can I appoint our daughter alone?

Answer: The key question is whether the provisions are reciprocal and have become binding. A provision is reciprocal where one spouse made it because the other made a corresponding disposition. Appointing joint children as ultimate heirs commonly points in that direction, although the particular will must be interpreted.

If the appointments became binding on the first death, the survivor cannot simply replace them because relationships later changed. On the facts described, the original equal appointment is likely to bind you, subject to examination of the document and any special legal options.

When drafting a joint will, an opening clause can give the survivor defined freedom to adapt the arrangements. The scope should be considered in advance; it cannot simply be added after binding effect has arisen.

My father died a month ago. He was in his second marriage but appointed me, his only son, sole heir. His wife says their joint “either-to-sign” account now belongs entirely to her. She also wants to transfer his sole account into her name using a bank power of attorney. Do I have any rights?

Answer: Authority to operate an account and ownership of its funds are different questions. An “either-to-sign” account allows either holder to give instructions independently, whereas a joint-signature account requires both. That does not by itself give the survivor all the money.

For a joint spousal account, equal beneficial shares are often presumed unless the circumstances establish a different arrangement. Your father’s share would then pass into his estate and to you as heir, rather than automatically becoming the survivor’s property.

A power of attorney, even one continuing after death, does not ordinarily entitle a non-heir to appropriate the deceased’s sole account by transferring it into their own name. The attorney’s authority and underlying duties must be distinguished from the heir’s entitlement.

Your stepmother may nevertheless have compulsory share or matrimonial claims that affect the overall calculation. If misuse is a concern, review and, where appropriate, revoke the powers promptly. Protective arrangements for the joint account, potentially including restrictions on operation, can also be considered with the bank.

My husband operated a farm under the Höfeordnung. Our eldest of five children now runs it, but ownership has not been transferred. None of the children wants to continue alone after our deaths. Can we divide the house and land among them in an ordinary will?

Answer: If the holding remains a farm within the Höfeordnung, special succession rules generally pass the farm as a unit to one eligible farm heir. Other beneficiaries receive compensation under special rules rather than ordinary ownership shares in each farm asset. Assets outside the farm can be dealt with separately.

The farm’s legal status, land register farm notation and the rules identifying an eligible successor must be examined. A child already permanently entrusted with running the farm may have a preferential position, subject to the statutory requirements.

Where retaining farm status is no longer appropriate, the owner may consider the prescribed declaration and removal of the farm notation. If the holding ceases to fall within the special regime, ordinary BGB succession rules can allow different testamentary allocations.

The choice can also affect later supplementary compensation. Under the special rules, certain disposals or changes within a period that can extend to 20 years may create further claims, taking earlier compensation into account. Farm status, current valuation rules, tax and the family’s plans should therefore be reviewed before taking action.

My mother died without a will, leaving €300,000 to my brother and me. Ten years earlier, she gave him €100,000 when he built a house. Must he bring it into account?

Answer: On the stated assumption that this was an ordinary gift, equalisation generally requires a direction made at the time of the gift. With such a direction for the full amount, you would receive €200,000 from the estate and he would receive €100,000 after crediting his advance. Without it, you each receive €150,000.

The classification matters. Benefits to establish a child in life, such as marriage provision or support in starting a business, may qualify as an Ausstattung and be subject to statutory equalisation. Education and income support have separate rules linked to what was appropriate to the parent’s means. Neither the label “gift” nor a simple first-study/second-study distinction resolves every case.

A sibling demanding equalisation may need to prove the relevant purpose and circumstances. Parents should state at the time of a transfer how it is to affect later succession. A missing direction cannot simply be imposed retrospectively. A suitable will may sometimes compensate other children through an additional legacy, subject to any binding commitments.

My mother’s will appoints me sole heir. My brother claims his compulsory share and wants a notarial estate inventory. I could prepare a list myself and would prefer to avoid the notary’s fee. Can he insist?

Answer: Your brother’s entitlement arises as a child of the deceased, not because siblings as such have compulsory share rights against one another. Assuming you are the only two children and there is no spouse or other relevant factor, his statutory share would be one half and his compulsory share one quarter of the relevant net value.

To calculate it, an eligible claimant who is not an heir can request information about estate assets and liabilities and relevant lifetime transactions. The inventory must be complete and coherent, including information needed to examine supplementary claims. The applicable time limits and exceptions for gifts must also be considered.

The statutory right to a notarial inventory can exist in addition to a private inventory. Providing your own list therefore does not necessarily satisfy the demand. The notary must investigate independently and cannot merely record your assertions or affidavit.

May my brother attend when the inventory is prepared?

A claimant can request to be involved in the taking of a private or official inventory within the statutory scope. That does not give them control over the notary’s investigation or an unrestricted right to participate in every investigative step. The arrangements should be clarified with the notary.

My mother is in a care home. Her pension, care benefits and remaining assets do not cover the fees, so the social assistance authority now pays the shortfall. It seeks reimbursement because she transferred her home to me 11 years ago while retaining a usufruct. Can it demand the house back?

Answer: A donor who becomes unable to maintain themselves may have a statutory gift recovery claim that can be transferred to a social assistance authority. The ten-year exclusion rule for this claim must be distinguished from the different rules governing supplementary compulsory shares.

For gift recovery due to impoverishment, retaining a lifetime use right does not by itself prevent the ten-year period from starting. Case law also addresses when completion is sufficient for the period to run, including the conveyance agreement and submission of the registration application; the precise transaction needs examination.

If the relevant exclusion period has elapsed and no other claim applies, the authority cannot overcome it merely by saying a usufruct was reserved. However, income belonging to your mother under that usufruct, such as rent, may still have to be used for her support.

A right of residence differs from a usufruct. Whether unused accommodation can be rented, or a substitute payment demanded, depends on the reserved right and the agreement. It should not be assumed that every residence right can be converted into rental income.

A relative gave me a copy of a will appointing me sole heir, but the original cannot be found after their death. Do I still inherit?

Answer: You must establish that a valid will was made and what it contained. A private will normally needs to be entirely handwritten and signed; a notarised will has different formalities. Documents found after death should be delivered to the probate court for opening.

If the original is missing, the person relying on it faces an evidential challenge. The court must consider whether it existed in the proper form, its contents and whether it remained effective or was intentionally revoked. The testator cannot now be asked, and deliberate destruction may have amounted to revocation.

A copy, witnesses and, where useful, handwriting evidence may support the case. The mere fact that an original cannot be found does not invariably prove revocation. The outcome depends on the evidence available.

Official safekeeping reduces the risk of loss or concealment. The €75 deposit fee quoted in an earlier example is not necessarily the total charge; confirm the applicable fees, including any registration charges, rather than treating that as a complete current quotation. Safekeeping does not by itself make an otherwise revocable will irrevocable.

I am divorced and do not trust my former husband to manage money for our minor children. I also own GmbH shares. How can I ensure my estate is protected for them?

Answer: Appointing an executor may be appropriate where assets need long-term administration, heirs lack experience or particular protections are required. A private or notarised will can appoint a trusted person, provide substitutes or leave selection to an authorised third party or the court. An executor who accepts office can obtain a certificate of executorship.

The will can define the task: winding up and distributing the estate, or continuing administration until a specified age, such as 18 or 25, within statutory limits. Proper arrangements can prevent a parent from controlling the inherited assets and can restrict enforcement by an heir’s personal creditors. Benefits and social assistance consequences require separate specialist assessment; no general protection should be assumed from a label alone.

Company interests make coordination particularly important. The company or partnership agreement may restrict succession, representation or execution of a will. Check the GmbH, GbR, OHG or KG documents alongside the will.

The will can address remuneration. The amount should reflect the duties and complexity and take account of any benefit the executor also receives under the will.

My father-in-law has entered a care home costing around €3,500 a month. The authority will meet part of the cost. Must my husband and I pay too, and does it matter that his brother received the house in 2001?

Answer: The parent’s resources and rights under any property transfer agreement must first be examined. Reserved use rights, rental income, support duties and possible gift recovery can matter independently of parental maintenance.

For social assistance recovery from children, the older simplified family-income formula is no longer a reliable guide. Since 2020, a statutory annual gross income threshold of generally €100,000 applies to the child under the relevant rules, with definitions and exceptions that need checking. Exceeding the threshold does not mean that every care shortfall is automatically payable: ability to pay still requires a proper assessment.

An in-law does not owe parental maintenance solely by marriage. The child’s family obligations and resources must be distinguished from the spouse’s own assets.

The figures of a €2,700 retained allowance, €2,900 adjusted family income and a €100 contribution describe an older simplified example, not a current calculation. Obtain advice on any demand and the scope of information that must lawfully be supplied.

Are my existing power of attorney and advance healthcare directive still effective?

Purpose: A power of attorney can enable a trusted person to act if age, illness or an accident prevents you from managing your affairs. It can cover financial and personal matters, information from doctors, treatment decisions and residence, subject to the wording and specific statutory requirements. Some measures restricting liberty or serious medical decisions may still need court approval.

An advance healthcare directive records which treatments you accept or refuse if you cannot decide at the time. Combined with an appropriate power of attorney, it gives your representative a basis for ensuring that those wishes are respected.

Federal Court of Justice decisions from 2016 and 2017 clarified the requirements. These stressed the need for sufficiently concrete decisions. A statement such as “no life-sustaining measures” may be too general on its own. The document should connect specified treatment situations or illnesses with sufficiently clear decisions, for example about artificial nutrition or resuscitation.

Existing documents should therefore be checked for clear, applicable instructions and adequate representative powers. Their age alone does not make them invalid, and a generic new form does not guarantee effectiveness. Review them against your current wishes, the relevant case law and current legislation.

I am widowed and live alone in a large house. My daughter wants to move in, but renovations would be needed. Should I transfer the house to her, and would she have to give it back if I entered care within ten years?

Answer: A lifetime transfer can shape succession and may allow tax planning. Ownership can also enable the child to finance renovations or an extension using the property as security. These advantages must be weighed against the loss of your own control.

A notarised agreement should consider a secure right of residence and appropriate rights to recover the property if specified events occur, such as the child’s prior death or insolvency. Divorce and financing arrangements may also need attention.

If there are other children, discuss the plan and consider involving them in compensation or waiver arrangements to reduce later disputes.

If you later cannot support yourself, gift recovery rules may allow a claim, potentially enforced by the authority funding care. A move into care does not automatically require return of the entire house; payments to meet the uncovered need may be relevant. Valuation must consider consideration and reserved rights, and applicable defences must be checked.

The ten-year period is important, but its starting point and the particular type of claim must be distinguished. A transfer should not be presented as fully protected solely because a broad ten-year statement appears in a template.

I want to give my son €100,000 in advance, or transfer a property to him. What inheritance issues should I consider?

Answer: A gift is a contract under which donor and recipient agree that a benefit is provided without consideration. A promise to make a gift generally requires notarisation, but performing the gift, for example by transferring the money, can cure that particular formal defect. A real estate transfer still requires the prescribed notarial and land registration steps.

For property, consider contractual recovery rights if the recipient dies before you, becomes insolvent or another specified event occurs. Otherwise, assets may pass to people you did not intend to benefit or become available to creditors.

State at the time of the gift whether and how it is to be equalised between future heirs and whether it is to be credited against the recipient’s compulsory share. These are distinct questions and should be recorded clearly.

Gift tax also needs attention. The ordinary personal allowance is €400,000 from each parent to a child, with gifts within ten years aggregated under the applicable rules. A lifetime gift in the opposite direction, from child to parent, normally has a much lower €20,000 allowance. Particular exemptions, valuations and other gifts can affect the result.

Transfers between parents and descendants may be exempt from real estate transfer tax under the statutory conditions. This is separate from gift tax. Early planning can therefore be useful, but individual tax advice is needed before acting.

I have a five-year-old son. His father and I are not married or living together, but share parental responsibility. I want my son to inherit everything if I die, without his father controlling the inherited property. Can I arrange this?

Answer: A will can address who manages the assets left to a minor. A surviving parent would otherwise generally exercise the relevant parental property powers, subject to the law.

You can exclude the father from managing the property inherited from you and identify a suitable person, such as a parent or sibling, for the appropriate management role. The court’s appointment and supervision requirements must be considered. You can also address use of the inherited property for the parent’s own support where the law permits.

An executor can provide a separate means of administering the inheritance and implementing your directions. You may nominate a trusted person or provide for selection by the probate court.

A wish about who should care for the child is a different issue. Where another parent survives with parental rights, a testamentary wish for grandparents or siblings to raise the child does not automatically displace those rights. Guardianship nominations, parental responsibility and the child’s welfare must be examined separately.

Our 20-year-old son died in a road accident. He used social networks including Facebook, Instagram and Twitter. Can we, as his parents, access the accounts and their contents?

Answer: The starting point is whether you are his heirs. Under German intestacy rules, parents may inherit where there are no descendants, but a surviving spouse or other testamentary arrangements can change the position.

In its decision of 12 July 2018, case III ZR 183/17, the Federal Court of Justice held that a social network account contract can pass to the heirs, including access to stored communications. Digital succession is therefore not generally excluded merely because messages are personal.

Access as an heir must be distinguished from actively using the deceased’s identity to post, share or like content. The right to inspect the inherited account does not necessarily include that active use.

Estate planning remains useful. Keep a secure, current inventory of accounts and access arrangements, and consider suitable testamentary instructions and powers of attorney continuing after death.

My wife died in a road accident three years ago. I am worried about our four-year-old son if I die or temporarily cannot care for him after an accident. Can I nominate someone?

Answer: These are two different situations and should be addressed separately.

For the event of death, a testamentary guardian nomination can identify the person you wish the court to appoint. A handwritten will must satisfy the applicable formalities; a contract of inheritance requires notarisation. Explain the person’s relationship with the child and why the choice serves the child’s welfare. The court remains responsible for applying the statutory requirements.

For example, you could express the wish that your sister [full name, date of birth and address] be appointed guardian for your son [full name and date of birth], explaining their existing relationship. The whole document needs proper form; an example is not a ready-to-use legal instrument.

For temporary inability to act while you are alive, a carefully defined, revocable authorisation may enable a trusted person to deal with specified day-to-day matters. It does not automatically transfer parental responsibility or itself appoint a legal guardian. Its scope, required form and any need for court involvement must be checked.

Discuss both documents with an adviser so that emergency practical arrangements and legally effective representation fit together.

My husband and I are German nationals but spend most of the year in our home on Mallorca. We see doctors there and take part in local life, returning to Germany only rarely. What should we consider when making wills?

Answer: German nationality does not automatically make German law govern the estate. Under the EU Succession Regulation, habitual residence at death is generally the starting point for applicable succession law, subject to the Regulation’s rules and exceptions.

Duration of residence, family and social integration and the overall centre of life can be relevant. On your description, Spain may be your habitual residence. Questions of jurisdiction, regional Spanish rules and the admissibility or effect of a joint spousal will need examination.

A permitted choice of the law of nationality may allow you to choose German succession law. The choice should be made clearly in a valid testamentary instrument and coordinated with all existing wills and assets. A choice of law does not automatically settle every jurisdictional, tax or property-law question. Obtain cross-border advice rather than copying a single sentence without reviewing the whole arrangement.

My six-year-old son’s father has died and appointed him heir. We were not married and I have sole parental responsibility. Can a child inherit, and what must I do?

Answer: A minor can inherit. Someone already conceived but not yet born at the time of death can also have inheritance rights.

As the parent with the relevant property powers, you would normally manage the inherited assets for your child, subject to any testamentary restrictions and statutory safeguards. You must protect the child’s interests and cannot simply give away or sell their assets below value. Some transactions require court approval or separate representation.

If the estate may be over-indebted, seek advice immediately about a disclaimer. The declaration requires the prescribed probate court or notarised form, and family court approval may be required unless an exception applies.

The usual six-week period and the effect of any approval procedure must be handled carefully. Do not wait until the end of the period to investigate the estate or approach the court.

A handwritten will may say, “I bequeath my entire estate to my daughter.” In everyday language this may mean appointing her heir, but German law distinguishes inheritance from a legacy.

An heir succeeds to the estate’s rights and liabilities automatically at death. A legatee generally receives a claim against the person responsible for fulfilling the legacy and does not automatically become owner of the particular asset.

If the intention is to appoint a daughter as heir, clear wording such as “I appoint my daughter [full identification] as my sole heir” helps. A separate legacy can then provide for a specific item, for example a gold pocket watch for a nephew.

In that example, the daughter initially inherits the estate, including the watch subject to the legacy obligation, and the nephew can demand its transfer. Legacies can also concern money, securities or real estate.

For real estate legacies, suitable powers of attorney or an executor may help implementation. They do not remove the need for the required conveyance, evidence and land register formalities. Have the documents coordinated so that the intended recipient can obtain the property without avoidable obstacles.

My partner and I are unmarried and childless and plan to build a house. What should we consider beyond finance and planning permission?

Answer: An unmarried partner does not automatically inherit merely from cohabitation. Without an effective will or inheritance contract, the deceased’s relatives may inherit their share, leaving the survivor owning the home with them. A suitable notarial contract or coordinated testamentary arrangements can provide for the intended transfer.

Would marriage solve this?

A spouse has statutory rights, but does not necessarily inherit alone. Where there are no descendants, parents or their descendants may also be entitled, depending on the family. A joint will appointing spouses sole heirs can address this, subject to compulsory share and other consequences.

What if there are children?

Without other arrangements, a surviving spouse can form a community of heirs with the children. If children are minors, a property sale or other transaction may need family court approval and, where interests conflict, a separately appointed representative. This can limit the survivor’s ability to act independently.

Review ownership, loan obligations and succession together before building. Any reciprocal appointments should reflect the whole family’s needs and the degree of future flexibility wanted.

My father died two months ago. He appointed his second wife sole heir and did not mention me, his only child. Can I claim a compulsory share, and how much is it?

Answer: As a child excluded from succession, you may have a monetary compulsory share claim against the heir. It is not a right to take selected objects from the estate.

Assuming the default community of accrued gains regime applied and there are no other relevant factors, your statutory share would have been one half and your compulsory share one quarter of the relevant net estate. If the net estate is €200,000, the example produces a €50,000 claim.

You must assert the claim; payment is not automatic. You can request an inventory showing the estate at the date of death and information relevant to valuation. Professional valuation may also be required.

Lifetime gifts may support supplementary claims. The ten-year rules, retained rights and other exceptions need separate analysis. Seek advice promptly about information, calculation and limitation periods.

I am about to have an operation and want my eldest son to act if I become unable to manage my affairs. How can I arrange this?

Answer: A power of attorney can authorise him to make decisions and act within the scope you choose. It can cover financial matters, dealings with banks and authorities, contracts, medical information and specified personal decisions. Adequate authority can avoid an unnecessary court appointment, but some decisions remain subject to special safeguards.

Use a written document so that the authority can be proved. A general statement is not sufficient for every purpose: particular healthcare and liberty-related matters have specific requirements. Real estate transactions require authority in an appropriate form acceptable for the transaction and land register; notarial advice is useful.

Official forms can help, but the terminology and scope must be understood. A lawyer or notary can ensure that the document reflects your wishes rather than granting too much or too little authority.

You can coordinate it with an advance healthcare directive, funeral wishes and organ donation instructions. Registration in the Central Register of Lasting Powers of Attorney (Zentrales Vorsorgeregister) can help a court find that arrangements exist. Registration does not replace the documents themselves.

I am 79, widowed and live alone with my dachshund Bodo. My two children live far away and do not help. Can I make Bodo my heir?

Answer: An animal cannot itself be an heir because it cannot hold the inherited rights and obligations as a legal person. Appointing only the pet risks an ineffective disposition and unintended intestacy. German law does distinguish animals from ordinary things, but that does not give them capacity to inherit.

You can instead appoint a suitable person or organisation and impose a legally appropriate obligation to care for Bodo. Confirm that the chosen carer is willing and able to do so. The will should address funding, substitutes and what is to happen if the carer cannot continue.

An executor can be tasked with supervising compliance. Other arrangements can provide remuneration from the estate to a carer. For a substantial estate, a foundation with an appropriate charitable or other lawful purpose may be considered. The structure should be proportionate and drafted so that care can actually be enforced.

An inheritance includes debts as well as assets, and an heir can potentially be liable with personal property. My mother died four weeks ago and I have discovered that her estate is over-indebted. How can I protect myself?

Answer: If the inheritance has not already been accepted and the period remains open, a disclaimer may be possible. The usual period is six weeks after learning of the inheritance and the basis of entitlement, with special rules in some cases. Time may therefore already be running from shortly after the death.

A disclaimer must be made in the prescribed form through the competent probate court or with notarised certification for timely receipt by the proper court. A private letter is insufficient.

What if I discover debts only after acceptance?

A legally relevant mistake may permit a challenge to acceptance or expiry of the disclaimer period, but not every later discovery or miscalculation qualifies. The challenge has its own short period, generally linked to discovering the ground. Obtain advice immediately.

Even after acceptance, statutory procedures such as court-appointed estate administration or estate insolvency can limit liability to the estate where their requirements are met. An insufficient estate may allow a specific defence. Promptly identifying and taking the correct steps is essential.

The Federal Court of Justice’s decision in case III ZB 30/20 clarified that access to an inherited Facebook account was not satisfied merely by supplying an enormous PDF export.

In the earlier judgment of 12 July 2018, case III ZR 183/17, the parents of a user who died in 2012, acting as heirs, had obtained a right of access to the full account and its stored contents. Facebook then supplied a USB drive containing a PDF of more than 14,000 pages and placed the account in memorial status.

The parents sought access to the account itself, including to investigate the circumstances of their daughter’s death. Following further proceedings in Berlin, the Federal Court of Justice held that the export did not fulfil the contractual access obligation inherited from the daughter.

The heirs were entitled to inspect the account in its existing form, rather than receive only a separately compiled set of data. However, this did not authorise them to use the deceased’s account actively to publish their own posts. The distinction between access and continued active use remains important.

I made an advance healthcare directive some years ago. Could a refusal of ventilation in it cause treatment to be stopped if I develop severe COVID-19 and am sedated for ventilation?

Answer: The wording of your actual directive and the treatment situation are decisive. A directive is not limited in every case to permanent incapacity or the final stage of an incurable disease. Conversely, a refusal intended for a particular irreversible situation should not automatically be applied to a potentially reversible illness that does not match it.

If you can give informed consent before treatment, your current decision governs. If you cannot, the medical team and your authorised or court-appointed representative must establish whether a valid directive applies and otherwise determine your treatment wishes or presumed wishes under the applicable rules.

A prospect of recovery is medically important, but it does not permit doctors to disregard a clear, applicable refusal simply because treatment could be life-saving. Equally, a general phrase should not be taken out of context as an instruction to stop treatment you would want.

Review your document with a qualified adviser and doctor if you are unsure how it addresses temporary ventilation, sedation or other potentially reversible conditions.

My two siblings and I inherited our mother’s fully rented apartment building in Berlin. None of us lives nearby. My sister and I want to sell, but our younger brother refuses. What can we do?

Answer: A majority of co-heirs cannot ordinarily sell the whole property without the necessary participation of the other owners. If agreement cannot be reached, a partition auction may be available, subject to the legal requirements and restrictions.

This carries costs and the risk of a lower result than a negotiated sale; neither a high price nor a loss is guaranteed. Court fees, valuations and the number of auction dates affect the net proceeds.

An applicant must establish the relevant ownership or succession position. This may be shown through the corrected land register or suitable inheritance evidence, such as a certificate or a notarised testamentary instrument with the opening record.

Explore agreement before and, if necessary, during proceedings. Include your brother in the discussion and consider alternatives, such as one co-heir buying out the others at an agreed value. Distribution involving real estate requires an appropriately notarised agreement.

I am married and have two children. My parents and brother are also alive. What would happen to my estate without a will?

Answer: Intestacy applies if there is no effective testamentary disposition. Descendants are first-order relatives. Parents and their descendants, including siblings, are second order; grandparents and their descendants are third order. The presence of first-order heirs excludes the later orders.

Your children would therefore exclude your parents and brother. Assuming the default German community of accrued gains regime applies, your spouse’s basic quarter share is normally increased by a further quarter, giving one half overall.

The remaining half is divided equally between the two children, giving each one quarter. Your spouse and children form a community of heirs at death. They inherit the estate’s assets and liabilities jointly and must deal with administration and eventual distribution under the applicable rules.

I own a property and want to transfer it to my son while ensuring I can keep living there. What options are available, and how do they affect him?

Answer: A notarised transfer can reserve personal use rights secured in the land register, often for life. These restrict the new owner’s ability to use and exploit the property. Precise wording, the area covered, costs and priority in the register matter.

A right of shared use can allow you to live in the property alongside the owner. The owner’s own use is not necessarily excluded.

A right of residence under section 1093 BGB (Wohnungsrecht) can give you exclusive residential use of the specified premises, excluding the owner from that use. Its exact scope must be defined; it does not necessarily cover the entire property.

A usufruct (Nießbrauch) can provide broader economic use, including entitlement to rental income as well as personal occupation. It therefore imposes a substantial restriction on the owner’s economic use.

Choose the right that matches your needs and agree responsibilities for maintenance, expenses, letting and what happens if you move out. Everyday labels alone do not establish the legal scope.

My father died leaving his second wife as sole heir. I am his only child, and he gave me €20,000 during his lifetime. Does that reduce my compulsory share?

Answer: As an excluded child, you may have a compulsory share claim. Assuming the default matrimonial regime and no other relevant factors, the statutory share would be one half and the compulsory share one quarter of the relevant value.

Crediting the gift under section 2315 BGB normally requires the donor to have directed this before or at the time of the gift. A unilateral direction made only afterwards is generally insufficient. If crediting applies, the statutory calculation must also bring the gift into account appropriately; it is not always correct simply to subtract €20,000 from a claim calculated on the remaining estate alone.

Without the required direction, the gift is generally not credited under that rule. Different provisions may nevertheless apply when supplementary compulsory share claims or equalisation between descendants are involved. The gift documents and the precise type of claim should be reviewed together.

My late wife’s will appoints me prior heir and our son reversionary heir. What does that mean for me?

Answer: You inherit first, subject to the estate later passing to your son under your wife’s arrangement. The later trigger may be a specified event such as your death, remarriage or the son reaching a stated age. If the will does not specify another trigger, the prior heir’s death is normally relevant.

Your wife’s estate must be kept distinct from your own property so that the reversionary succession can be implemented. Your son succeeds to her estate, not to all your personal assets merely by being her reversionary heir.

The reversionary heir can request an inventory and has statutory rights concerning its preparation, including attendance and notarial recording within the legal scope.

Prior heirs are subject to restrictions on disposal and duties to preserve the estate, but a will can release them from some restrictions. Whether you are an exempt prior heir, and exactly what that permits, must be established from the will and inheritance evidence. Some duties and restrictions on gifts remain even where an exemption applies.

My parents’ joint will appointed each other sole heir and me as ultimate heir. After my mother died, my father gave several assets to a new partner. He has now died and I fear there is little left. Can I recover the gifts?

Answer: A binding appointment as ultimate heir under a joint will may support a claim against a recipient where a lifetime gift was made with the legally relevant intention of prejudicing that appointment. It is first necessary to establish the will’s binding effect and the nature of each transaction.

The survivor generally remains free to use their property during life. A legitimate lifetime interest in the gift, such as appropriate provision for care, can be important. The assessment is individual: an amount such as €200,000 for two years of care is not automatically reasonable or unreasonable without examining all circumstances.

Knowledge that a gift reduces the eventual estate is relevant, but the whole legal test must be applied rather than treating every reduction as recoverable. If the requirements are met, a recovery claim may arise after the survivor’s death. A three-year limitation rule can be important, so seek advice promptly about its precise application and starting point.

Collect the joint will and evidence of the transfers. A claim against a gift recipient differs from simply demanding that the survivor leave their assets untouched.