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Inheritance contract creation and safekeeping

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Succession can also be regulated by drawing up an inheritance contract. This is particularly interesting for unmarried couples, as they cannot inherit according to the statutory succession or draw up a joint will.

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Detailed description

In addition to drawing up a will, there are also cases in which it is better to conclude an inheritance contract. You can also determine the transfer of your assets in the inheritance contract.
The contracting parties do not need to be married, related or related by marriage.

While a will is drawn up unilaterally by the testator, an inheritance contract always involves two parties. Both parties can dispose of their estate (mutual inheritance contract). However, it is sufficient if only one party makes a testamentary disposition (unilateral inheritance contract). The crucial difference to a will is the binding effect of an inheritance contract: if the contracting parties want to make a binding arrangement (“contractual disposition”), the testator is bound by the disposition. While a will can be revoked at any time, this is not possible with an inheritance contract.
The inheritance contract renders previous and subsequent wills ineffective if they contradict the inheritance contract.
After its creation, the inheritance contract is placed in special official custody at the probate court or remains with the notary.

 

Information

Prerequisites

In order to be able to draw up an inheritance contract, you must be capable of making a will (mentally healthy, able to legally conclude an inheritance contract).

Documents required

ID card or passport

Please note

The formal requirements for inheritance contracts are strict. An inheritance contract can only be concluded before a notary. Therefore, seek advice from a notary if you are considering this route.

Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No.

Procedure

Make an appointment with a notary of your choice.
You can use the nationwide notary search via Notar.de.

Processing time

An appointment with the notary is necessary.

Fees

There are notary fees which depend on the value of the estate.

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Keywords: Custody of the inheritance contract Inheritance contract storage Conclude an inheritance contract

Last updated: 03.11.2024