What impact does a divorce have on my inheritance rights?
June 16, 2024 | 45,00 EUR | answered by Gerd Möller
Dear lawyer,
I am Alwin Albrecht and I have an important question regarding inheritance law in the event of a divorce. My wife and I have been married for 15 years, have two children, and are currently going through a difficult phase in our relationship. We are seriously considering getting a divorce, but I am worried about my inheritance rights.
So far, we have jointly drafted a will in which we have appointed each other as sole heirs and designated our children as ultimate beneficiaries. However, I am unsure about how a divorce would affect this will. Could my wife still claim a share of my inheritance in the event of a divorce? Or does she automatically lose her inheritance rights once the divorce is finalized?
Furthermore, I am wondering if I would be automatically disinherited after a divorce and if my children would then become the sole heirs. I want to ensure that my children are financially secure and do not suffer any disadvantages due to the divorce.
Could you please explain to me how a divorce would affect my inheritance rights and what options are available to amend my will in the event of a divorce in order to ensure my wishes and the financial security of my children?
Thank you in advance for your support and advice.
Kind regards,
Alwin Albrecht
Dear Mr. Albrecht,
Thank you for your question regarding inheritance law in the event of a divorce. I understand that you are concerned about your inheritance rights and the protection of your children, especially since you and your wife have jointly drafted a will. Let me try to answer your questions as comprehensively as possible.
First and foremost, it is important to understand that a divorce typically does not automatically affect an existing will. This means that even after the divorce, your wife can generally still claim inheritance rights if she is named as the sole heir in your will. So, despite the divorce, your wife may still be entitled to inherit unless you amend your will accordingly.
Regarding your question about whether you will be automatically disinherited after a divorce, I can inform you that this is not the case. Even after a divorce, you generally retain your inheritance rights unless you modify your will and explicitly exclude your wife as an heir. In your case, where you have named your children as ultimate beneficiaries, your children would be the sole heirs in the event of your death.
To ensure that your wishes and the protection of your children are guaranteed in the event of a divorce, I strongly recommend reviewing and, if necessary, updating your will. For example, you could exclude your wife as an heir and designate your children as direct beneficiaries. Alternatively, you could draft a new will clearly outlining your wishes.
In such a situation, it is advisable to seek professional legal advice to ensure that your will is legally valid and aligns with your wishes. An experienced estate lawyer can provide comprehensive advice and assist you in drafting your will in case of a divorce.
I hope this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me.
Best regards,
Gerd Möller
Attorney specializing in family law and inheritance law
