Real estate in the will

Real estate is one of the most sought-after investments. It is therefore no surprise that houses, apartments and plots of land are often included in the estate of the deceased. To ensure that everything runs smoothly after death, experts advise you to consider early on who you would like to bequeath the property to. It is important to find out about inheritance law and draw up a will according to your personal wishes and family constellation.

If you wish to bequeath a property, you can appoint whomever you wish as your heir. However, even with real estate, children or spouses receive a compulsory portion. This is independent of the will of the testator. The compulsory portion is half of the statutory inheritance. For example, if a widow with two children dies without leaving a will, the children each automatically inherit half of the property. However, if one of the children has previously been appointed as sole heir in a will, the other child is still entitled to a quarter of the value of the estate. However, in this case, the heir is only entitled to the money, not the asset.

Handwritten will

If the property is to be bequeathed in a handwritten will, the will is only valid if it is signed. It is advisable to sign it with the first name, place and time. A handwritten will may be written in any language, provided that this language can be understood by a third party. Handwritten wills can be drawn up without the assistance of third parties, i.e. witnesses (in particular a notary). Handwritten wills do not have to be kept officially. However, they can be deposited by the testator with a probate court of their choice.

Notarial will

As the name suggests, a notarial will is drawn up in front of a notary or by handing over an open or sealed document to the notary. The notary then draws up a record of this. The notary's fees are based on the amount of assets listed in the notarized will. As the notarized will is a public document, it has full probative force and therefore replaces the certificate of inheritance. Once drawn up by the notary, the will is placed in official safekeeping at the probate court in the district where the notary's office is located. The testator receives the corresponding certificate of deposit. Upon presentation of the certificate of deposit, the testator can request the surrender of the will at any time.

Contract of inheritance

Just like a will, an inheritance contract is also a so-called testamentary disposition in which the estate is to be settled and heirs appointed. In contrast to a will, however, the testator draws up the inheritance contract together with the heirs. This can only be amended if all parties to the contract agree. Conditions are often attached to such inheritance contracts - such as caring for the parents or taking over the business.

Have you inherited a property and are unsure what to do with it now? Get in touch with us! We will be happy to advise you.

Did not find what you were looking for:

https://de.wikipedia.org/wiki/Gesetzliche_Erbfolge

https://de.statista.com/statistik/daten/studie/2313/umfrage/testament-oder-erbvertrag-vorhanden/

https://www.bmjv.de/SharedDocs/Publikationen/DE/Erben_Vererben.pdf?__blob=publicationFile&v=33

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

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