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Writing a will and intestate succession

In short: Without a will, statutory succession applies, under which relatives inherit in a fixed order. A will allows deviating from this.

In more detail: Spouse and children inherit together by law, the exact share depends on the marital property regime.

In detail

  • Statutory succession: Orders by degree of relationship, first children, then parents and siblings.
  • Will: Handwritten with date and signature, or notarised.
  • Compulsory share: Close relatives can claim a minimum share despite exclusion.
  • Certificate of inheritance: Proves the heirs to banks and authorities.
  • Inheritance tax: Allowances depend on the degree of relationship.
  • Power of attorney: Regulates decisions if incapacitated, separate from the will.
  • Note: For larger estates or patchwork families legal advice is advisable (rechtsschutzversicherung-wann-sie-sich-lohnt).