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Inheritance contract: settling in a binding way who gets what

Anyone who wants to settle their estate in a particularly binding way can conclude an inheritance contract instead of a will. The big difference: an inheritance contract binds; you cannot simply change it again on your own.

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An inheritance contract is concluded between the testator and another person and must be notarized. The contractual dispositions made in it are binding; unlike a will, the testator cannot revoke them unilaterally.
This creates reliability, for example for unmarried couples or in business or farm succession. Because of the binding effect, however, you should reserve options to withdraw or make changes and get advice.

What you should do now

  1. 1

    1. Clarify the goal

    Should the arrangement really be binding (inheritance contract) or flexible (will)?

  2. 2

    2. Consider reservations

    Think about reservations to withdraw or make changes for changed life circumstances.

  3. 3

    3. Notary appointment

    The inheritance contract must be notarized (both parties present at the same time).

  4. 4

    4. Mind the compulsory portion

    Compulsory-portion claims of close relatives cannot simply be excluded via an inheritance contract either.

Frequently asked questions

What is the difference between an inheritance contract and a will?

A testator can in principle change or revoke a will unilaterally at any time. An inheritance contract, on the other hand, is concluded with another person, must be notarized and is binding in its contractual dispositions; a unilateral change is not possible. The inheritance contract thus offers more commitment, but less flexibility.

Can I change an inheritance contract again?

Not unilaterally. Changes are in principle only possible by mutual agreement with the contracting party. A withdrawal only comes into consideration if it was reserved in the contract or if statutory grounds for withdrawal exist (for example serious misconduct by the beneficiary). That is why you should think carefully about possible reservations and get notarized advice.

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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.