Mittwoch, 03.04.2024
Why do wills fail?
Formalities and practical tips
from
Dr. jur. Bettina Luft gen. PlaisierLawyer
Specialist in family law
Specialist in inheritance law
Give me a call: 0261 - 404 99 82
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In the second part of the TV Mittelrhein series on the pitfalls of making a will, Dr. Bettina Luft, a specialist in inheritance law at caspers mock Anwälte, reports on further practical experiences:
- Joint wills: A joint will between spouses can be binding and restrict the surviving spouse in his or her dispositions. Precise wording is crucial to avoid unwanted ties.
- Revocation: A joint spousal will can only be revoked by both spouses acting jointly or by each spouse individually in the presence of a notary.
- Claims to compulsory portions: Attempts to circumvent claims to compulsory portions by making gifts are often flawed. Special conditions apply here for spouses.
- Notarization: Notarized wills offer certainty and can, in some cases, circumvent the need for a certificate of inheritance. A transmortal power of attorney can be a cost-effective alternative.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.