Notary/notary - heirs & inherit

Testaments, inheritance contracts & executions

The Basic Law guarantees freedom of testimony: through the will or inheritance contract, everyone can determine who receives their assets in the event of death. The testator does not have to adhere to the legal succession. For example, he can use persons that are not related to him as heirs, change the statutory inheritance and order legacies or execution of will. These regulations can be made by the will or inheritance contract.

All inheritance -relevant documents will be registered in the testament directories of the registry offices by the end of 2011 and from 2012 in the central will register of the Federal Notar Chamber ( ZTR ). This ensures that the certificate is taken into account in the estate procedure. This ensures that the last will documented in a notarial certificate is implemented into practice.

Forms of the last will

Testament. The will can be built as a single testament as a single testament or - by spouses or registered life partners - as a joint will. Although a will can also be written by hand - as a very handwritten way, notarial advice and preparation and its certification is urgently recommended: testamentals that are built by hand are not uncommon for ambiguities or errors that later give rise to arguments. Other precautionary instruments such as powers of attorney, compulsory portion and many other aspects must also be observed when designing death. These few examples illustrate the legal complexity of the topic.

Inheritance contract. The inheritance contract is a contractual order due to death in which at least two contractual partners are involved. He is in need of certification. In contrast to the joint will, people who are not married to each other can conclude an inheritance contract. The inheritance contract is cheaper compared to notarial joint will, since it does not have to be taken into the special official custody of the estate court.

The orders made in an inheritance contract can only be changed with the consent of both contractual partners, no longer at all after the death of a contractual partner. In many cases, this binding is a sensible means of controlling the estate in the sense of the first dying. In an inheritance contract, however, a later one -sided change in the disposal can be provided to a large extent, provided that a binding effect is not wanted. The inheritance contract is therefore an extremely flexible and individual instrument with which the succession can be optimally adapted to the wishers' wishes.

Design instruments

In addition to the inheritance, there are a variety of design instruments. We combine these notaries in our advisory and design practice in such a way that your last will is helped to make optimal and legitimate validity.

Legacy. If certain people are not to be inheritance, but only receive individual objects from the estate, they can order a legacy with regard to these objects. The bequeathed object does not immediately move into the ownership of the carefully with her death. Rather, the heir must publish the object of the object.

Execution. You can order deaths due to the execution of the will. Unless otherwise determined, the executor has the task of taking possession of the estate, bringing their final orders to the execution and, if necessary, the argument under the heirs at a community of heirs. The arrangement of an execution is sensible for larger assets or if it is expected that the heirs would be overwhelmed by administration of the estate due to minority, inexperience or for medical reasons.

Bend of a guardian. In the event of their death, parents can name a guardian for their child. This is also done by disposal of death.