How to prevent your ex-partner from inheriting

Schleswig-Holstein Chamber of Notaries. A will can and should not only specify who inherits what. Many single parents with minor children, for example, want to prevent the other parent from later gaining access to the inheritance. This is precisely the danger that exists.

Custody also includes the management of assets

If a single parent dies and the other parent is granted custody, they can administer the inheritance of the joint children. This is because part of custody includes the management of assets. If the parents previously had joint custody, this automatically passes to the surviving parent. If, on the other hand, the single parent had sole custody, it is transferred to the other parent after their death, provided this is not contrary to the child's welfare. Anyone who wants to prevent their ex-partner from accessing the inheritance must draw up a will. If necessary, the will can include the reasons why a transfer of custody would be contrary to the child's welfare.

Find out here how you can choose a suitable guardian in case of emergency.

Single parents can appoint a guardian

Parents who have sole custody can appoint a guardian for their minor children in their will. They can also specify who is not to be appointed under any circumstances. guardianship The single parent should only choose someone they trust completely and inform them of the plan and the location where the will is being kept. If no one is named in the will, the family court will appoint a guardian.

Exclude former partners from asset management

In the event that the former partners have joint custody when the single parent dies, or the other parent is granted custody, he or she may stipulate in the will that asset management be excluded. The exclusion only applies to the assets that the children inherit from the single parent.

Making provisions in case the children also die

Single parents should also consider the possibility that their children could die before them without leaving any descendants of their own. In that case, their assets would pass to the surviving parent along with the single parent's inheritance. This can only be prevented by means of a testamentary disposition of preliminary and reversionary inheritance. To this end, the single parent appoints the children as preliminary heirs and designates a reversionary heir who will receive their share of the inheritance in the event of death.

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/.