If no will is present, the process of determining the rightful heir(s) will fall to intestate succession laws.
Un claimed estates sorted, who gets what when there's no will?
Losing a loved one is tough, but dealing with the aftermath of their demise can be made simpler if there's a well-drafted will. However, if a person passes away without one, the distribution of their estate becomes subject to the rules of Intestate Succession as stated in Germany's Civil Code (Bürgerliches Gesetzbuch, BGB). Let's delve into the hierarchy that lays out who inherits the property of the deceased.
First and foremost, the estate is distributed among the descendants (children, grandchildren, etc.) equally. If a descendant has predeceased, their children will receive their parent’s share, a concept known as right of representation.
In cases where there are no descendants, the parents of the deceased and their descendants (siblings of the deceased and their children) come next. Here, the parents each inherit half, but only if no descendants of the surviving parent are living. If descendants exist, they inherit their parent's share.
Should there be no one in the first or second classes alive, Grandparents and their descendants come into the picture. And so on, for the fourth class and beyond, though this is a rare occurrence in reality.
It's worth noting that if any member of a preceding class is alive, subsequent classes are excluded from inheritance. For instance, if parents or siblings survive, then descendants cannot claim any part of the estate.
The surviving spouse also inherits alongside the relatives of the first class at a quarter share (plus an additional quarter if in community of property), but their share may vary based on the property regime at death. Their share is unique and separate from that of the heirs.
In situations where no close relatives exist, the estate may pass to more distant relatives or ultimately to the German state (as the statutory heir of last resort).
In summary, the German intestacy law strictly prioritizes close family members and ensures the estate is distributed in a predictable, legally specified manner in the absence of a will.
Writing a last will: Seven simple steps
Don't let intestate succession become the fate of your estate. Secure your assets and make decisions about your future by drafting your last will. Follow these seven steps to write your will:
- Write the will in your own handwriting, legibly, and with a clear signature.
- Ensure "My will" is the heading, it’s dated, and the heirs are named with first and last names.
- Preferably, include the date of birth of the heirs, and clearly regulate the distribution of the inheritance.
- Decide if you need a lawyer or notary's support based on the complexity of your constellation.
- If you opt for a notarial certification, prepare for higher costs.
- Consider making an inheritance agreement if you want to distribute the inheritance independently or avoid potential disputes among heirs.
- If you wish, don't forget to stipulate who will care for your minor children.
In the event of intestate succession, understanding the community policy is crucial for personal-finance management. For instance, if a person dies without a will, the distribution of their estate may involve multiple rounds of inheritance, starting with descendants and moving to parents, grandparents, and so on, as dictated by Germany's Civil Code (Bürgerliches Gesetzbuch, BGB). To avoid such complexities, it's recommended to engage in vocational training, such as learning about finance and business, to draft a last will and ensure a smoother distribution of assets.
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