Ask a lawyer on the topic of Inheritance law

1. Waiver of compulsory portion, 2. Tax-wise, spouses as heirs

December 2, 2009 | 80,00 EUR | answered by Steffan Schwerin

Dear lawyers,

please send me a binding price offer for answering or creating two legally valid contracts, taking into account my requirements:

1./

For the coordination of the personal inheritance matter, we need a legally valid template regarding the compulsory portion claim. By law, the daughter would be entitled to the compulsory portion upon the death of a parent. However, with the consent of all parties involved, it should be arranged as follows: That upon the death of a parent, the daughter - due to already substantial financial gifts - waives the compulsory portion. However, upon the death of the last parent and in the event of remaining estate, she should at least be considered with the compulsory portion. For this, we need a written, legally valid declaration, which will then be confirmed by the post office with a signature.

2./ The inheritance arrangement should be structured in a way that neither of the spouses pays unnecessary inheritance tax and that the assets, house, and land are equally owned by both. We are considering, for example, the Berlin model or an alternative? A written declaration would also need to be prepared for this.

Thank you in advance for your efforts.

Best regards,

Jankowitz

Steffan Schwerin

Dear questioner,

I will answer the questions you have posed, taking into account the circumstances described and your commitment as follows:


Point 1: Waiver of compulsory portion

It is indeed possible to draw up such a waiver declaration. The waiver of the compulsory portion requires notarial form, § 2348 BGB. According to the case law of the Federal Court of Justice, such a waiver of the compulsory portion can also be inferred from the interpretation of a will between the compulsory heirs and the testator. This also applies in the case of a (general) waiver of inheritance (§§ 2346 ff. BGB).

The waiver of the compulsory portion after the inheritance has occurred does not require notarial form. The waiver of the compulsory portion after the inheritance has occurred can even be declared orally. However, for the purpose of evidence, it should be done in writing.

I can prepare such a declaration for you, which will still need to be notarized. To do so, you must visit a notary in person.


Point 2: Will / Inheritance contract

Your intentions can be regulated either through a so-called Berlin will or an appropriate inheritance contract.

Such a possibility can be examined and developed accordingly.


Costs:

The costs for preparing the documents are generally estimated according to the RVG. In this case, a lump sum amount of €4,000 would be used as the object value. The fees are then calculated based on this. Therefore, there would be €402.82 for the inheritance contract / Berlin will and reduced costs of €229.55 for the waiver of the compulsory portion declaration; totaling €632.37, minus the €80 already spent, resulting in a total of €552.37.

If you agree to this, please contact me via email.

Finally, I would like to remind you that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I have given is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation can lead to a completely different legal assessment.

I hope I have been able to give you an initial overview and that my explanations have been helpful. Feel free to contact me through the follow-up option on this platform if you have any further questions.

Furthermore, I am available for legal representation. The initial consultation fee would be fully credited to you.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de