Contract of inheritance

The decision between a joint will and an inheritance contract depends primarily on the desired commitment of the parties to their dispositions. In contrast to a joint will, which can only be drawn up by spouses, an inheritance contract is open to anyone with full legal capacity.

While dispositions in a joint will between living testators can be revoked, an inheritance contract creates a fixed contractual commitment to the dispositions made, which can only be relaxed under certain circumstances.

After a divorce, dispositions in a joint will generally become ineffective, unless a different will is recognizable. This regulation applies similarly to the inheritance contract, with the addition that dispositions in favor of third parties may also be affected.

The inheritance contract can also be combined with other agreements, often in the case of marriage contracts or waivers of compulsory portions, which can be advantageous in certain situations.

Dr. Claas Oehler

Notary in Berlin
Lawyer and notary, specialist lawyer for commercial and corporate law, specialist lawyer for copyright and media law Office: Schönhauser Allee 10-11, 10119 Berlin

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