Will in focus: Court overturns inheritance change worth millions!

Will in focus: Court overturns inheritance change worth millions!

The challenges of inheritance law often lead to heated discussions, especially in blended families. A recent ruling by the Hamm Higher Regional Court sheds light on the difficulties of drafting wills in such family structures. As anwalt.de reports, the court has decided that a joint will can no longer be inadmissibly changed after the death of a spouse. This decision illustrates how important clear and well-thought-out regulations are for future inheritances.

During one case, it emerged that a woman secretly wanted to name her own child as an heir in a changed will. However, the original will had designated the deceased husband's two daughters as final heirs. After the husband's death, a daughter demanded her compulsory share and received it. When the widow finally wanted to change the will after her husband, the court declared this action invalid. It should be noted that, according to Section 2271 of the German Civil Code (BGB), a joint will remains binding after the first death, which helps to clarify legally that such changes cannot be made easily.

Inheritance matters in patchwork families

In patchwork families, which are becoming increasingly common in Germany, the inheritance regulations are often anything but simple. Partners often bring children from previous relationships into the new family. This creates a complex interaction for legal reasons. erbrecht.de makes it clear that clear dispositions upon death are crucial in order to protect both one's own children and the surviving partner.

Legally, the surviving spouse usually inherits half of the assets and the children each inherit a quarter. After the death of a spouse, this often means that the children of the deceased first spouse are left empty-handed, making the situation considerably more complicated. One way to avoid this would be to name your own child as the sole heir, which would disinherit the surviving partner.

Regulations for the estate

In order to avoid disputes and unpleasant surprises, patchwork partners should think about it in advance. According to erbrecht-ratgeber.de, it is advisable to insert either reciprocal appointments of heirs or provisions for subsequent heirs into the will. This could, for example, mean that the surviving partner is appointed as the previous heir, while the predeceased partner's own children act as the next heir.

It is particularly important to take into account former partners who may be able to assert custody claims against their children and thus influence the inheritance. The drafting of the will should therefore also contain provisions for the event of a remarriage clause in order to protect the estate.

In summary, in order to avoid unpleasant surprises in the event of an inheritance, patchwork families should receive good advice and set clear regulations in their wills in good time. This way you can ensure that the assets not only flow into the right hands, but also that family relationships do not come under unnecessary pressure.