An orderly approach to putting one's affairs in order.
In many cases, a death will give rise to unseemly disputes among surviving dependents. This can often be traced back to the absence of a formal last will and testament or the presence of a handwritten document that is ambiguous or even unenforceable. In such cases, the rules of intestacy do not regularly coincide with the wishes of the deceased. We help you draft a legally binding document that avoids disputes over your estate.
According to reliable estimates, only one of seven people in Germany leave a will on their death. While a will can be written down in the form of a handwritten document, such informal testaments are frequently unenforceable on account of their failure to consider certain formal requirements or they do not truly reflect the wishes of the deceased, leading to conflict among his or her heirs. The civil law notary provides you with in-depth advice, states the consequences of your intentions and offers a reasoned set of options. He or she helps you to make arrangements that are both clear and enforceable. In addition, the civil law notary is also familiar with typical problem areas such as rights to compulsory portion, divorce matters, company shareholdings or assets held abroad, and can advise you of the associated risks. In many cases, a tax advisor also needs to be consulted concerning the implications for tax. This can lead to comprehensive succession planning, including "anticipated inheritance" – i.e. assignments made while the legator is still alive – and other supporting deeds such as waivers of claims to compulsory portions.
When drafting a last will and testament, the civil law notary has also to assess the legal and testamentary competence of the legator, and include the results of the same in the deeds. As a result, notarial testaments are contested significantly less often. Moreover, the notarial testament and contract of inheritance spare the certificate of inheritance in most cases of succession, saving both time and money. Particularly if your estate includes real estate, you are usually better served by making a notarial testament than by leaving a handwritten will.