How can I create a joint will?
June 30, 2023 | 50,00 EUR | answered by Fred Busse
Dear Family Law Attorney,
My name is Alwin Rothwiller and I have a question regarding inheritance law. My wife and I would like to create a joint will to ensure that in the event of our passing, our assets are distributed according to our wishes.
Our current situation is as follows: We have been married for 15 years and have two children together. We have a house and some savings that we would like to pass on to our children. However, we are unsure of the best way to proceed in order to create a legally valid and fair will for all parties involved.
Our concerns primarily lie in not knowing exactly which wording to use to ensure that our last will is truly carried out. Additionally, we want to ensure that both our children and any other potential heirs are fairly considered.
Therefore, my specific question to you is: How can we best create a joint will that reflects our wishes and is legally binding? What wording should we use and what specific considerations do we need to bear in mind when it comes to distributing our assets?
Thank you in advance for your support and expertise.
Sincerely,
Alwin Rothwiller
Dear Mr. Rothwiller,
Thank you for your inquiry regarding inheritance law and wills. It is understandable that you are thinking about how to fairly distribute your assets among your children and potential heirs in the event of your passing. A joint will is usually a good way to document your wishes and ensure that they are carried out.
When creating a joint will, there are some important points to consider to ensure that your final wishes are legally valid and all parties are treated fairly. Firstly, it is important to know that a will must be written and signed by both spouses. It is also advisable to draft the will together with a notary to ensure that all formal requirements are met.
In your case, as a married couple with children, you have the option to create a "Berliner Testament." In this type of will, you designate each other as sole heirs and specify that after the death of the last surviving spouse, the children will inherit. This form of will provides the advantage of financial security for the surviving spouse and ensures that the children will inherit only after both parents have passed away.
It is important to be aware of possible compulsory portion claims. Compulsory heirs, such as disinherited children, are entitled to a statutory compulsory portion of the estate. Therefore, it is essential to clearly define in the will who will receive which shares of the inheritance to avoid disputes and claims.
When it comes to the wording of the will, it is advisable to seek advice from an experienced attorney to ensure that all relevant aspects are considered. It is also recommended to regularly review and, if necessary, update the will, especially in the case of changed circumstances or new heirs.
I hope that this information has been helpful to you. I am available for a detailed consultation and the creation of an individual will.
Sincerely,
Fred Busse
Family Law Attorney
