Estate and Inheritance
If a decedent has not established a last will and testament, such as a will, statutory succession applies upon the decedent’s death.
This is often undesirable, for example, because certain statutory heirs are to be excluded from the succession or are to receive a share of the estate different from their statutory share. Or certain assets are to be passed on only to specific heirs, such as real estate or a business interest. In all these cases, the testator must draw up a will or enter into an inheritance contract during their lifetime, in which their last will and testament is clearly and unambiguously set forth. This testamentary disposition may need to be coordinated with existing prenuptial agreements or—if the testator is an entrepreneur—articles of association.
Frequently asked questions about inheritance law include:
Who should inherit? What should be bequeathed to whom? Can I exclude certain statutory heirs from inheriting specific assets? What about claims to a statutory share? Is there a need for probate? How can I prove my status as an heir to banks, government agencies, and courts?
As a notary, I provide comprehensive advice to the parties involved regarding all matters of inheritance law, covering all possible options, and in particular, I execute:
- Individual will,
- Joint wills (spousal wills / so-called “Berlin wills”),
- Wills for persons with disabilities,
- Divorcee’s will,
- Unilateral or bilateral inheritance contracts,
- Renunciation of inheritance,
- Waiver of the statutory share,
- Bequests,
- Application for a certificate of inheritance.
Please look under “Forms” to find the form that suits your needs, fill it out with your personal information, and email the completed form to us via a secure connection with a single click; we will then contact you immediately.
Power of attorney for healthcare, living will, other powers of attorney
Should the unfortunate situation arise—one that no one likes to think about—where you become legally incapacitated, for example due to illness or an accident, and are therefore dependent on the assistance of others in all legal matters, it is of crucial importance that you have made adequate provisions for such a case through an appropriate directive or power of attorney. According to our case law, it is by no means the case that, in such a situation, the next of kin, spouse, or partner can automatically act or make decisions on your behalf.
In addition, you should ask yourself whether it would be prudent to specify in advance, in the event of a serious illness, which medical treatments should be administered or withheld at what point, should you then be unable to form or express your will (e.g., because you have fallen into a coma). This way, for example, you can prevent certain life-prolonging treatments from being administered to you despite a terminal illness in its final stages, if you do not wish for them.
Essentially, the following powers of attorney and directives are available:
- General Power of Attorney
- Power of Attorney for Health Care
- Advance medical directive
- Guardianship directive
Following a consultation, I will draft a power of attorney tailored to your specific circumstances for these situations.
All advance directives can also be registered in the Central Advance Directive Registry at the Federal Chamber of Notaries in Berlin, so you can be sure that they will be found and honored if the need arises.
Please look under “Forms” for the Power of Attorney form, fill it out with your personal information, and email the completed form to us via a secure connection with a single click; we will then contact you immediately.