Married couples without children: Deciding on inheritance with foresight

Childless couples often think that the surviving partner will automatically inherit everything when the other dies. They therefore consider a will to be unnecessary. However, this is a common misconception that can have serious consequences for the surviving partner. Notaries can provide expert advice on how best to protect the surviving partner.

The spouse is not automatically the sole heir

In childless marriages, the spouse does not inherit alone, but together with the parents of the deceased in accordance with the statutory order of succession. In many cases, the parents have already passed away. But what is often overlooked: Their other children, i.e. the deceased's siblings, receive the parents' share. If the siblings have died but left behind children, i.e. nieces and nephews, they take the place of the siblings.

Siblings inherit with

It is often the case that the assets in a marriage are not divided equally. A house is often jointly occupied, but only one spouse is the owner. In such cases, either half or a quarter of this property is transferred to the parents, depending on the matrimonial property regime. If the parents are no longer alive, the siblings or nieces and nephews of the deceased person take their place.

Jointly inherited property

For example, it may be the case that, contrary to expectations, the house that the surviving dependant lives in is not inherited alone, but that co-owners are added. They then have a say in how the house is used. The new co-owners could want to sell the house, rent it out or use it jointly. If the heirs have different ideas about what should happen to the house, conflicts are inevitable.

Appointing the spouse as sole heir

If you want to ensure that the surviving partner is protected after your death and has sole inheritance rights, you should draw up a will. In it, the spouses can appoint each other as sole heirs. In this way, the surviving spouse is protected from third-party access in the event of the death of the first spouse. Despite the will, the parents' right to a compulsory portion remains. If you want to avoid this, you can conclude a notarized agreement with the parents to waive the compulsory portion in addition to the will.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.