When there's no declared will, the question arises about who takes ownership.
Pershing's Perspective: Who Gets What When There's No Will?
Let's dive into the world of legal inheritance where things get interesting when there's no last will. In such cases, a deceased's assets are distributed among close relatives in accordance with regulations specified by the law, not love or personal feelings. Here's the lowdown.
The Family Pecking Order
If there's no valid will or inheritance contract, the German Civil Code takes charge, drawing a line between relatives and establishing a specific hierarchy called an order. This hierarchy dictates who among the blood relatives gets their hands on the goodies.
Descendants of the deceased kick off the show. After the children, it's the grandchildren, then their children, and so on. If there are no first-order relatives, the ball is passed to parents and siblings—they are the second-order heirs. Things roll on like this, and if the relatives keep dwindling, grandparents and their descendants, i.e., aunts, uncles, cousins, and cousins far and wide, take the stage. The show must go on!
The inheritance distribution rule is simple: As long as at least one relative of a higher order is still alive, they grab a piece of the pie. Lower-order relatives are left high and dry. For example, if parents or siblings of the deceased are still hunky-dory, the kids and grandkids don't inherit a thing!
The Spouse's Sweet Deal
"Spouses don't belong to an order; they partake separately," says Jan Bittler, the big kahuna at the German Association for Inheritance and Succession Law. What the survivor gets depends on the marital property regime and the number of blood relatives hankering after their slice of the pie. Without a prenup, the community of accrued gains takes the lead. "In a community of accrued gains, the spouse receives 50% of the inheritance," says Jan Bittler. "If there are kids, they share the remaining half." If there are no kids, the spouse scoops up three-quarters of the estate, and the parents of the deceased claim one-quarter.
A Wise Move: Pen a Will of Your Own
Some situations demand a will or inheritance contract: when there are minor kids or a big ol' stash of assets or a biz to be passed on, or when the succession of a business needs to be scripted. But even those who just ain't digging the default regulations of the statutory inheritance law, wanna allocate the dough themselves, or want to keep peace among the heirs, should get cracking on their will power.
The Procedure: How to Pen Your Own Will
Generally, a handwritten, signed will sans a notary is valid, but it should be legible, dated, and owner-signed. A snazzy heading like "My Will," a proper date, the heirs' names and birthdates, and a clear outline of the inheritance distribution make the whole thing look official and less prone to getting slapped with a "I neva soused dat!"
Whether a lawyer or notary is necessary depends on the circumstance's complexity. If the situation gets messy, it's best to have some legal support, but it'll cost a pretty penny. An inheritance contract demands notarial certification.
[1] ntv.de, Beate Kaufmann, dpa
Fun Fact:
Did you know that a legally-bound spouse in Germany inherits even if they kill their significant other? That's right, a spouse can inherit the entire estate from their deceased murderer partner due to survivorship rights, but any children from the deceased will not inherit by law. Fascinating, ain't it?
In the absence of a valid will, the German Civil Code oversees the distribution of assets, giving preference to relatives in a specific order using certain vocational training programs as a model for the family pecking order. Contrary to the order, spouses do not belong to any specific order and their inheritance rights are governed by the marital property regime and the presence of blood relatives. As mentioned by Jan Bittler, the absence of children implies that the spouse will receive three-quarters of the estate, while the parents of the deceased will claim one-quarter. It's advisable for individuals with complex financial circumstances to consider writing a will or inheritance contract to ensure that their assets are distributed according to their wishes, otherwise, statutory inheritance law will determine who inherits their business or other significant assets.
