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Emergency

The Berlin will: spouses appoint each other as heirs

With a Berlin will, spouses or registered partners appoint each other as sole heirs; the children inherit only after the death of the survivor (final heirs). This secures the surviving partner, but raises questions about the compulsory share, the binding effect, and tax.

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The Berlin will secures the surviving spouse comprehensively, because they first become sole heir. The children are provided for as final heirs only after the second death (§ 2269 BGB).
Disinherited children can demand their compulsory share on the first death. In addition, the joint will often binds the surviving partner, so that they can no longer freely change it after the first death.

What you should do now

  1. 1

    1. Clarify the goal

    Should the partner be secured and the children provided for only later? Then the Berlin will fits in principle.

  2. 2

    2. Consider the compulsory share

    Reckon with children being able to demand the compulsory share on the first death. A compulsory-share penalty clause can defuse this.

  3. 3

    3. Note the binding effect

    Consider whether the surviving partner should be able to change the will later, otherwise they are bound after the first death.

  4. 4

    4. Check the tax

    The Berlin will can be tax-unfavorable, because the children's tax allowances go unused on the first death. Get advice.

How to spot the scam

  • The children's compulsory-share claims are not considered.
  • The surviving partner wants to change it later but is bound.
  • Tax allowances expire unused.

Frequently asked questions

What is a Berlin will?

A joint will by spouses or partners in which they appoint each other as sole heirs and provide for the children as final heirs only after the death of the survivor (§ 2269 BGB). It secures the surviving partner.

Can the children still demand something?

Yes. Disinherited children can assert their compulsory share on the first death. With a compulsory-share penalty clause this can be mitigated, because the child would otherwise be disadvantaged on the second death.

Can the surviving partner change the will?

Frequently not. Joint wills usually have a binding effect: after the first death, the surviving partner generally can no longer unilaterally change the mutual dispositions. Plan this deliberately.

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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.