The Berlin Testament — Security for Married Couples and Survivors

Disadvantages of the Berlin Testament

The Berlin Testament offers many benefits, particularly for the surviving spouse. However, there is also drawbacks, which should be taken into account when drafting a will.

Binding effect — restriction for the surviving partner

• After the death of a spouse, the survivor can usually make the will Don't change anymore.
• If living conditions change (e.g. new marriage, changed financial situation), the original inheritance regulation remains in place.
• One Amendment clause can provide flexibility.

Tax disadvantages for final heirs

• There is usually no inheritance tax in the case of the first inheritance (spousal allowance: 500,000€).
• However, in the second inheritance, the entire inheritance is transferred to the children → high tax burden possible.
• solution: Tax-optimized design, e.g. through donations during your lifetime or a separation solution.

Risk of compulsory share claims

• Children who do not inherit their first inheritance can Claim the mandatory share immediately.
• This can put a financial burden on the surviving partner.
• Solution: One Compulsory share penalty clause can help prevent this from happening.

Patchwork Family Issues

• If a partner has children from a previous relationship, the Berlin Testament can lead to disputes.
• The children of the partner who died first could be excluded from successionif the surviving spouse uses the property elsewhere.
• Solution: One individual inheritance regulation or an inheritance contract for patchwork families.

Contesting the Berlin Testament — Is that possible?

In principle, a Berlin will is legally binding, but can under certain conditions contested become. Anyone who feels that they have been treated unfairly or believes that the will is faulty can Appeal in court Have it checked.

Who can challenge a Berlin will?

• Beneficiaries of compulsory shares like children or parents when they were disadvantaged.
• Co-heirs, who were worse off than expected by the will.
• thirdwho believe that the will was not legally drawn up.

Reasons for a challenge

formal error

• The will was not handwritten or is incomplete.
• A notarial certification is missing if it was required.

The testator's inability to testify

• At the time the will was drawn up, the testator was ill, demented or mentally unable to act fully.
• Medical reports or witness statements can prove this.

Deception, threat, or error

• The testator was put under pressure, or fooledso that he doesn't make the will volunteered created.
• Errors, e.g. about succession or tax consequences, can result in Justify the dispute.

Violation of compulsory shares

• Persons entitled to compulsory shares were omitted in the will, although they legal right to part of the inheritance have.

How does the contestation of a Berlin will work?

1. Complaint with the person responsible probate court submit.
2. Evidence and evidence provide for the ground of appeal.
3. The court reviews the will and decides on its validity.

Chances of success and risks

• A challenge is not always successful — Require courts clear evidence for errors or wrongdoing.
• If the will remains valid, may the plaintiff have to Court fees and attorneys' fees wear.

Berlin Testament: Samples & Examples

A Berlin will should be clearly formulated and legally sound. Below is a sample template that can be adapted to individual needs.

Sample for a simple Berlin Testament

Handwritten wording (handwritten will)

example:

Berliner Testament

We, the spouses [First name last name], born on [date], and [First name last name], born on [date], hereby appoint each other as sole heirs.

After the death of the last person to die, our joint assets should go to our children [Children's names] transition to equal parts.

Location, date

Signed by both spouses

Note: A handwritten will is only valid if it is written entirely by hand and signed by both spouses.

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Sample for a Berlin will with compulsory share penalty clause

example:

If one of our legal heirs claims his compulsory share upon the death of the first dying person, he should receive only the compulsory share and no further claims even after the death of the last dying person.

advantage: This clause prevents children or other beneficiaries of compulsory shares from making claims after the first inheritance and thus burdening the surviving spouse financially.

Sample for a Berlin Will with Remarriage Clause

example:

If the surviving spouse remarries after the death of the first person to die, the entire estate should immediately fall to our final heirs [names of children or heirs].

advantage: This clause prevents the joint property from being transferred to a new spouse and protects the final heirs.

Notarial advice for individual adjustments

• A notarial will ensures maximum legal certainty and can help to avoid tax disadvantages.
• Advice is particularly recommended for larger assets, patchwork families or special requests.

Common mistakes with the Berlin Testament — How to avoid problems

A Berlin Testament offers many advantages, but Miswording or negligence can lead to significant problems. Here are the most common mistakes and how to avoid them.

1. Formal error: Will is ineffective

Common mistake:

• Will not be written by hand (required for a personal will).
• Missing signatures from both spouses.
• No date or incomplete information.

solution:

• A handwritten will must be complete handwritten and from signed by both spouses be.
• A notarial will avoids formal errors and provides additional security.

Unclear or contradictory wording

Common mistake:

• Vague or misleading inheritance (“Our children should inherit later” — it is unclear who exactly is meant).
• Lack of regulation in the event that a final heir dies before the surviving spouse.

solution:

• Use clear, unambiguous wording, such as:
  
  • “Our children together [name] After the death of the last person who dies, the sole heirs are equal shares. ”
  • “If one of our final heirs dies before us, their legal descendant will inherit. ”

Compulsory share claims are not taken into account

Common mistake:

• Persons entitled to compulsory shares are ignored without a Compulsory share penalty clause to insert.
• After the first inheritance, children can immediately claim their compulsory share and financially burden the surviving spouse.

solution:

• One Compulsory share penalty clause can prevent children from immediately claiming their compulsory share after the first death.
• Alternatively: Consider beneficiaries of compulsory shares with a small share of inheritance in order to avoid disputes.

Tax disadvantages not considered

Common mistake:

• Surviving spouse inherits all assets → Children pay high inheritance tax on the second inheritance.
• Children's allowances are not used for the first inheritance.

solution:

• A separation solution instead of a one-size-fits-all solution: Children receive part of the inheritance upon their first inheritance in order to make optimal use of allowances.
• Consider early donations to minimize tax burdens.

Berlin Testament not regularly reviewed

Common mistake:

• Will remains unchanged for decades, although family or financial circumstances have changed.
• After divorce or the birth of another child, the will is not amended.

solution:

• Testament all Review 5-10 years and adjust if necessary.
• Insert amendment clauses to allow for future adjustments.

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The content on this page is for information only and does not constitute legally binding advice. Memovida cannot and must not provide binding information on inheritance law issues. If you need legal advice, we recommend that you contact an inheritance law specialist.