Contract of inheritance and will

Information on the will and contract of inheritance.

In principle, the drawing up of a will or a contract of inheritance is particularly useful if greater values are at stake, the succession of a commercial enterprise must be regulated or a distribution of the estate among a large number of legal heirs is to be avoided.

However, even with smaller assets, the establishment of a will or a contract of inheritance can be offered to avoid disputes later.

A will can be drawn up before a notary - then one speaks of a "public will". Or it is written by hand and hand and signed by hand, stating the date and place; then it is a "handwritten will".

In addition to drawing up a will, there are also cases when it is better to conclude a contract of inheritance. You can also determine the transfer of your assets upon death in the inheritance contract. A difference to the will is that you can enter into a bond with the contractual partner in the inheritance contract (so-called contractual dispositions). In principle, you can only detach yourself from this under certain conditions.

Inheritance contracts are often concluded in non-marital partnerships. Since these persons, unlike in marriage or registered civil partnerships, have no legal right of inheritance, the survivors can thus be given a secure legal status.

Often, the purpose of the contract of inheritance also pursues the purpose of obliging the contractual partner by establishing the inheritance to provide for the testator until the end of life. The contracting parties do not need to be married, related or in-laws. The parties may consist of several persons on both sides. Also common aspects of concluding a contract of inheritance are of an entrepreneurial nature.

§ 2232 and §§ 2274 ff. Civil Code (BGB).

Related Links

  • § 2232 BGB - Public Will
  • §§ 2274 ff BGB - Inheritance contract

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