Are heirs obliged to pay maintenance?

Westphalian Chamber of Notaries. Many people want to ensure that their loved ones are financially secure—even after they pass away. Those who pay maintenance to a relative during their lifetime contribute significantly to that person's livelihood. But what happens when the person responsible for paying maintenance dies? Does the payment obligation automatically pass to the heirs, or does it end with death?

Can relatives still claim maintenance from the inheritance after death? No, says the Civil Code §§ 1602 ff. The obligation to pay maintenance exists only on the basis of kinship and not on the basis of other legal relationships. Only if someone dies after the third day of a month must their heir or heirs make those maintenance payments that were already due at the time of death.

Find out here why the Right to compulsory portion remains despite separation.

Spousal support must continue to be paid by heirs

The situation is different for former spouses: if the deceased was divorced and had to pay spousal support, the heirs must continue to make the support payments. This is because the support is based on a contract, judgment, settlement, and the provisions of Sections 1933 sentence 3 and 1586b of the German Civil Code (BGB). However, the amount of the payments is limited to the amount of a hypothetical compulsory portion of the ex-spouse (which they would have received if the marriage had not been divorced).

Married couples should seek advice from a notary during good times, when everyone is still getting along. The notary can then draw up the relevant contracts as deeds or legal orders (known as titles). These then apply in the event of divorce or separation due to death.

Marriage or inheritance contracts can relieve heirs

Making provisions in a prenuptial agreement is less expensive and less stressful than a dispute in court. The agreement can include provisions regarding accrued gains and alimony. It can also specify whether, in the event of one spouse's death, the surviving spouse should receive alimony from the heir.

In contrast, once the divorce petition has been filed with the court, it is possible to enter into a so-called divorce settlement agreement Various questions need to be clarified: Who will be assigned the marital home, what about the equalization of accrued gains, how will alimony and pension rights equalization be structured—and, for example, how can further alimony payments be ruled out if the person obligated to pay alimony dies? Such rights can also be excluded in principle in an inheritance contract.

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/.