What is a Berliner Will?
The second step is the death of the oldest of the longest surviving stories, and it assumes that the original stories will be the next ones, the so called “Schlusserben” (the “Schlusserben”). Nach dem Tod des ersten Ehegatten kann ein solches Testament nicht mehr geändert werden. The will of a married couple, in which the longest living spouse is named as the sole heir, has such a long testamentary tradition that it has received the proper name Berlin will. A married couple can draw up a joint will between the spouses with the help of a notary to secure the assets of the spouses in the event of the death of one of them. In particular, if you have further questions about the options offered by the Berlin will in Frankfurt as spouses, our lawyers specializing in inheritance law will be happy to provide you with additional information. The Berlin will draws clear structures with a reciprocal provision: if one spouse dies, the other spouse becomes the sole heir. Our lawyers specialized in inheritance law in Frankfurt will explain everything in detail. The spouses draw up a joint will and are therefore also jointly bound by it. Once drafted, it can only be modified or adapted by mutual agreement. The Berlin will in Frankfurt usually follows two steps: In the first step, the longer-lived spouse becomes the sole heir in the event of the death of the first spouse. The second step concerns the death of the longest-lived spouse and, for the most part, designates one’s own descendants as subsequent heirs, the so-called final heirs. After the death of the first spouse, such a will can no longer be modified.
Why is the Berliner Will so beloved in Frankfurt?
This clear two-step concept of the mutual single inheritance of the longest living spouse and descendants as the final heir is one of the most popular wills among spouses, not only in Frankfurt. It convinces most spouses and heirs in Frankfurt with the simple and secure structures of a will. Above all, the reciprocal share of the sole heir and the fact that the will cannot be changed after the death of one of the spouses guarantees security and a clear inheritance agreement for all parties to the estate in Frankfurt. Our lawyers specialized in inheritance law in Frankfurt will be happy to advise both spouses and potential heirs on the options available in relation to the Berlin will in Frankfurt.
What is the Berlin Will for?
The joint and notarial will guarantees the distribution of jointly acquired assets in the event of the death of one of the spouses. As lawyers specializing in inheritance law in Frankfurt, our task is to accompany this safeguard through professional expertise. The reciprocal character of the Berlin will thus secures the spouse’s inheritance. In this context, the longest-lived spouse takes first place before the children themselves as potential heirs, who are only designated as final heirs. No spouse can withdraw from this last joint will or modify it after the death of the first spouse. Our lawyers in Frankfurt will be pleased to inform and advise you.
For whom is the Berliner Will suitable?
The reciprocally effective Berliner Will is especially popular among married couples who want to see the sole inheritance of one of the spouses in the first place. The unified solution of a Berliner Will considers the joint children as final heirs only in second place; it is mainly about the non-modifiable sole inheritance of the longest-lived. To make sure that this unique position is really secured, it is best to consult with one of our probate lawyers about the possibilities of the Berlin will in Frankfurt. In addition, the Berlin will is particularly suitable for married couples under the matrimonial property regime of the community of property. That is, if the assets, the assets of the spouses as a possible inheritance, remain separate during the marriage and only flow together with an inheritance. Ask the lawyers specialized in inheritance law of our law firm in Frankfurt am Main. We will support you at all times.
Why is there a risk of the legitimate share in the Berlin Will?
The Berlin Will stated above is a simple basic variant of a mutual matrimonial will. A major weakness is the danger that, in the event of the death of one of the parents, the descendants can demand their compulsory share from the only surviving heir. Our specialist lawyer in Frankfurt offers you qualified legal assistance. This weak point cannot be avoided by a simple Berlin will. Therefore, it is often considered sensible that the children of the couple are included in such a will. The waiver of the compulsory portion declared by the descendants can consequently secure the sole inheritance of the longest-lived. However, it should be noted that all children are of age and are not in a dependent relationship. This is because if one of the children is still in training or studying at the time of the declared waiver of the compulsory portion, this waiver of the compulsory portion can be contested at a later date. How should a Berlin Will be granted? As with any will, for a will in Berlin we also recommend the advice of a notary or a lawyer specialized in inheritance law in Frankfurt to find the ideal form of will for every marriage, in order to include one’s own children or also the grandchildren generation if necessary.
What do children inherit according to the Berlin Will?
Since descendants take second place in a Berlin simple will, they normally only inherit upon the death of the longest living parent, as typical final heirs. However, in the event of a non-negotiated waiver of the compulsory share, the children can claim their compulsory share from the sole heir. Our lawyers specializing in inheritance law in Frankfurt will be pleased to advise you.
How high is the compulsory share in the Berliner Will?
As in any other will, the compulsory share in the Berlin will is calculated by dividing the legal share of the inheritance in half. Let us consider a married couple living under the community of property regime: The deceased father leaves, for example, €1,000 to the heirs, the wife and the common child. Thus, the son’s share of the inheritance would be 50% (i.e. 500 euros) and the compulsory share would be 25% (i.e. 250 euros). Would you like more information? Please contact your lawyer for inheritance law in Frankfurt.
How much does a Berliner Will before a Notary Public cost?
There is no general flat fee for such a will. As stipulated by the Notarial Remuneration Ordinance, the costs for the notarial drafting of a Berlin Will will mostly reflect the amount in dispute of an estate, its value and its importance.
What is there against a Berlin Will?
A Berlin Will is drafted jointly by both spouses and can only be changed by mutual agreement. This mutual binding effect can be a disadvantage for some married couples. Therefore, the advantages and disadvantages of a Berliner Will should be examined on a case-by-case basis by a Frankfurt inheritance law attorney.
How can a Berlin Will be modified?
A special feature of the Berlin Will is that the spouses can only modify it jointly before the notary. This means that a possible divorce and its consequences must also be included in the will. Discuss everything important with a lawyer specialized in inheritance law in Frankfurt so that no question remains unanswered.
What to do if the Berlin will is circumvented by a gift?
Donations of assets reveal another underlying legal problem of the Berlin will. To properly deal with this type of situation, the advice of a lawyer specializing in inheritance law is very helpful in the case of a Berlin will in Frankfurt. By making a gift, the disadvantaged spouse would have a ground to contest, change or revoke the will. In the case of a donation that only comes to light after the death of the spouse, the longer-lived spouse would be entitled to a supplement to the obligatory share, depending on the amount of the donation. Ask us – we are your knowledgeable experts as inheritance law attorneys at our law firm in Frankfurt.
How is the Berlin will without final heirs structured for childless couples?
Childless couples can also designate each other as sole heirs. However, it should be noted that without one’s own descendants as final heirs, the parents of the deceased or even siblings and their children are entitled to a compulsory share. Clarify everything in a detailed conversation with our Frankfurt inheritance law lawyer.