Inheritance & Family

The Basic Law guarantees freedom of testamentary disposition: through a will or inheritance contract, everyone can determine for themselves who will receive their assets in the event of death. In doing so, the testator is not bound by the statutory order of succession. For example, they can appoint persons who are not related to them as heirs, change the statutory shares of inheritance, and arrange for legacies or the execution of wills. These arrangements can be made by will or inheritance contract.

All notarial deeds relevant to succession will be registered in the registers of wills at the registry offices until the end of 2011 and, from 2012, in the Central Register of Wills of the Federal Chamber of Notaries (ZTR). This ensures that, in the event of death, the deed is taken into account in the probate proceedings and that the last will and testament documented in a notarial deed is carried out in accordance with procedural law.

Forms of last wills and testaments

Will

A will can be drawn up as an individual will or – by spouses or registered partners – as a joint will. Although a will can also be written by hand – i.e., entirely in cursive – notarial advice and certification of a last will and testament are strongly recommended: Handwritten wills often contain ambiguities or errors that later give rise to lengthy, costly, and ultimately uncertain disputes—because by then, the testator, as the only person who really knows what they meant, is already deceased and can no longer be questioned. In addition, a notarized will usually avoids the expensive and often lengthy probate process that is usually required for handwritten wills (e.g., the land register may only be corrected in favor of the heir on the basis of a notarized will or a certificate of inheritance, but not on the basis of a mere handwritten will). Thus, the notarized form also helps to save costs! In addition, the official safekeeping that is mandatory with a notarized disposition prevents the will from being lost over time or perhaps even deliberately removed or manipulated by third parties.

Inheritance contract

An inheritance contract is a disposition of property upon death in the form of a contract involving at least two contracting parties. It must be notarized in order to be valid. Unlike a joint will, persons who are not married to each other can also conclude such an inheritance contract. This ensures that no contracting party can later make unilateral changes without the knowledge of the other party, with which the other party does not agree. Conversely, it is also possible to deliberately regulate the extent to which such a binding effect may not be desired and the survivor of both partners may still be able to make changes even after the death of the first deceased. In addition, beneficiaries, e.g., the heirs themselves or a legatee, can also be included as contracting parties in order to achieve a binding effect vis-à-vis them. The inheritance contract is therefore an extremely flexible and individual instrument with which the succession can be optimally adapted to the wishes of the testator!

In order to be able to respond to your personal concerns as effectively and quickly as possible, we have developed a questionnaire, which you will find below. Please take your time to fill it out and send it to us. It will facilitate the relevant consultations and also help us to prepare a draft document. We look forward to assisting you with your project!

The certificate of inheritance proves the status of heirs to third parties (banks, land registry, authorities, the public). It is issued by the probate court upon request and specifies who is an heir and to what extent. In addition to the probate court, the notary is responsible for submitting the application and can thus significantly speed up the proceedings at the probate court, as the court then only has to implement the application drawn up by the notary. It is widely unknown that in many cases, those who have a notarized will no longer need a certificate of inheritance, as a notarized will is a public document with which, for example, an heir can be entered directly into the land register of the property belonging to the estate. Those who have a notarized will therefore have a clear advantage!

In order to be able to respond to your personal concerns as effectively and quickly as possible, we have developed questionnaires, which you will find below. Please take your time to fill them out and send them to us. They serve to facilitate the relevant consultations and also to prepare a draft deed. We look forward to assisting you with your project!

Renunciation of inheritance is the formal rejection of an inheritance before the probate court within specified legal deadlines. Anyone who does not wish to accept an inheritance must renounce it, because under German law, the inheritance falls to the heir regardless of their knowledge or wishes. Many people are unaware of this. Anyone who does not wish to accept an inheritance must therefore formally renounce it within a relatively short period of time. Reasons for this often include excessive debt in the estate or liability risks, but sometimes also the desire for tax-sensitive management of the estate. However, caution is advised: once you have renounced an inheritance, you cannot simply change your mind. Conversely, even if the deadlines for renunciation have been missed, there are often still legal options available, for example, to avoid liability for inherited debts with one's own assets. In some cases, it may be possible to contest the missed deadline or file for estate insolvency. Legal advice is therefore advisable in many cases to determine whether renunciation is really the right course of action in the specific case; such an assessment can be carried out by a specialist lawyer for inheritance law, for example. If the result is that renunciation of the inheritance should indeed be declared, this can then be done at a notary or at the probate court.

In order to be able to respond to your personal concerns as effectively and quickly as possible, we have developed a questionnaire, which you will find below. Please take your time to fill it out and send it to us. It serves to facilitate the renunciation.

The settlement of an estate governs the distribution of the inheritance among the heirs. If real estate or a business interest is part of the estate, a notarial deed is often legally required for this distribution. However, even in other cases, notarial assistance during the settlement process offers many advantages due to the accompanying consultation and the increased evidentiary value associated with a notarized document.

In order to be able to respond to your personal concerns as effectively and quickly as possible, we have developed a questionnaire, which you will find below. Please take your time to fill it out and send it to us. It serves to facilitate the relevant consultations and also to prepare a draft deed. We look forward to assisting you with your project!

There are often various reasons for wanting to transfer assets during one's lifetime. In addition to business succession, the transfer of money or tangible assets, especially real estate, is of great importance in practice. If the transfer takes place as a gift with a view to future succession, this is referred to as anticipated succession.

Transfers of real estate, inheritance and business shares, as well as promises of gifts, require notarization, as do waivers of inheritance and compulsory portions. Notaries are your expert assistants in this regard.

When deciding whether a gift should be made by transfer during the lifetime of the donor, by last will and testament, or possibly by a combination of both, the respective advantages and disadvantages must be carefully weighed. One argument against a transfer during the lifetime of the donor is that the object is withdrawn from the donor. Once a gift has been made, it can no longer be sold or otherwise transferred by the donor. Reclaiming the gift is only possible to a limited extent under the law, but can be agreed in the transfer contract under certain conditions. On the other hand, transfer during one's lifetime also offers considerable advantages. Examples include:

• Transferring real estate from parents to children can make it easier for them to set up their own household or professional life.
• The donor can relieve themselves of the burden of managing the property, while at the same time ensuring that they can continue to use the object of the gift, e.g., a house property (right of residence, usufruct).
• The seller's care can be ensured within the framework of the transfer agreement (e.g., agreement on a life annuity or a so-called retirement allowance).
• The compulsory portion claims of the acquirer and third parties can be limited under certain conditions.
• Gift and inheritance tax allowances can be utilized multiple times by spreading the taxable transactions over time.

Good legal advice is necessary to find the right path in each individual case. Your notary will help you find a solution tailored to your needs! However, please do not forget the tax aspect: Notaries are not allowed to advise on tax matters, so it is always necessary to consult a tax advisor, especially in complex matters or when it comes to valuation issues.

In order to be able to respond to your personal concerns as effectively and quickly as possible, we have developed a questionnaire, which you will find below. Please take your time to fill it out and send it to us. It will facilitate the relevant consultations and also help us to prepare a draft contract. We look forward to assisting you with your project!

Starting a life together, whether married or unmarried, is probably one of the most important decisions in a person's life. Living together raises numerous questions that should be considered, such as:

• What happens to sole assets and what happens to joint assets?
• Should assets (e.g., real estate) be acquired jointly or individually, and what are the tax consequences?
• Am I liable for my partner's debts?
• Am I financially secure in old age?
• Am I entitled to payments in the event of illness or disability, or do I have to expect claims from my partner?
• What rights and obligations do I have with regard to joint children?
• What happens in the event of separation?
• What rights do I have in the event of death?
• What applies in the case of an “international marriage”?

The answers to these questions vary greatly, depending on whether the partners live together in a marital, civil partnership, or non-marital relationship. The law itself does not always offer the appropriate solutions in individual cases, but it does provide the opportunity to make individual agreements and choose the appropriate arrangement independently.

This requires a precise knowledge of the legal situation. As impartial advisors, we notaries can provide this knowledge and offer a reasonable and balanced contract. We help you to find a tailor-made “legal framework” for your personal life situation.

We have also developed a suitable questionnaire for this purpose, which you will find below. Please take your time to fill it out and send it to us. It serves to facilitate the relevant consultations and also to prepare a draft contract. We look forward to assisting you with your project!

Patchwork families, foster families and even childless adults often wish to adopt a child. The law takes this into account by allowing the adoption of a child if a parent-child relationship has developed between the persons involved. Different requirements apply depending on whether a minor or an adult is to be adopted.

Adoption of minors

In the case of the adoption of a minor, the family relationship with the family in which the child has lived up to that point is generally completely severed. If a minor child who lives with one biological parent and one step-parent is to be adopted, the other biological parent must therefore also give their consent. In the event of a dispute, a family court may grant consent instead. The decisive factor is that the adoption is in the best interests of the child. If the child has reached the age of 14, they must also give their consent. Before their 14th birthday, this is done by their legal representative, for example a parent with custody.

The legal norm for adoption is joint adoption by a married couple. Single adoption by a married person is generally not permitted. The law provides for an exception if one spouse wishes to adopt the child of the other spouse (known as stepchild adoption). Since 1 April 2020, stepchild adoption has also been permitted for unmarried couples if they have been living together in a marriage-like relationship for at least four years or as parents of a joint child. Registered civil partners may also adopt the child of their partner (known as stepchild adoption).

When adopting minors, the adoption agency is also an important point of contact for all questions relating to adoption. A single central agency based in Hamburg-Nord is responsible for all adoptions carried out in Hamburg involving minors. Further information can be found at https://www.hamburg.de/politik-und-verwaltung/bezirke/hamburg-nord/adoption-31312. Since 1 April 2021, it has been mandatory to seek advice from the adoption agency before proceeding with a stepchild adoption.

When adults are adopted

In contrast, the consent of the biological parents is no longer required for the adoption of an adult. However, the adoption must be morally justified; in this respect, it must be examined in particular whether a parent-child relationship exists between the parties involved. There are basically two types of adult adoption. In the case of so-called weak adoption, which is common in practice, the family relationship with the biological parents remains intact. This means that the adoptee may have up to four inheritance and compulsory portion claims as well as maintenance obligations: towards both the biological and adoptive parents. Strong adoption, on the other hand, extinguishes the family relationship with the biological parents, including the aforementioned obligations. However, this type of adoption is only permitted under strict conditions and is therefore rather rare in practice.

Notarised adoption application

In order to legally carry out an adoption, a notarised application is required, which is then decided upon by the competent family court. The application must be accompanied by a number of documents, in particular civil status certificates.

In order to be able to respond to your personal concerns as effectively and quickly as possible, we have developed a questionnaire, which you will find below. Please take your time to fill it out and send it to us. It will substantially facilitate the preparation of an adoption. We look forward to assisting you with your project!