Skip to content
Emergency

Disability will: securing assets for relatives

Parents of a child with a disability often want to ensure that the child inherits without the inheritance eating up social benefits. The disability will is a recognized structure meant to enable exactly that, but only with careful arrangement.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create letter →

Your chances of getting your money back

The disability will combines several building blocks, above all a preliminary and subsequent inheritance (§ 2100 BGB) and permanent execution of the will (§ 2209 BGB) with administrative directives, so that the assets benefit the child without being fully exposed to access by the social welfare provider.
Structured correctly, it enables the child to have comforts beyond social benefits without endangering them. Case law generally recognizes such arrangements.

What you should do now

  1. 1

    1. Define the goal

    Clarify that the assets should benefit the child but not eat up social benefits.

  2. 2

    2. Choose the building blocks

    Plan preliminary and subsequent inheritance as well as permanent execution of the will with administrative directives.

  3. 3

    3. Structure professionally

    Have the arrangement drawn up by an expert because of its complexity.

  4. 4

    4. Keep it up to date

    Review the will when family, assets, or law change.

How to spot the scam

  • The child is simply disinherited to avoid access; this can be disadvantageous.
  • A faulty arrangement endangers the social benefits.
  • The will is never adapted to new circumstances.

Frequently asked questions

What is a disability will?

A special testamentary arrangement with which parents provide for a child with a disability without the inheritance fully eating up state social benefits. Through preliminary and subsequent inheritance and permanent execution of the will, the assets benefit the child on a supplementary basis.

Why not simply disinherit?

Simple disinheritance can be disadvantageous, because then the compulsory portion may arise, which the social welfare provider can access. The disability will secures the child's participation in the inheritance better than disinheritance.

Can I draw up the will myself?

Because of the complex building blocks, careful, expert structuring is important. Small errors can mean that the protection does not take effect and social benefits are endangered. Professional advice is particularly advisable here.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create letterCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.