Can I also leave my inheritance to a non-profit organization?
April 17, 2023 | 40,00 EUR | answered by Uwe Herrmann
Dear estate lawyer,
My name is Piotr Neumann, and I am reaching out to you with a question regarding my inheritance situation. My parents recently passed away, leaving me a substantial inheritance. Now, I am considering whether it is possible to also leave my inheritance to a charitable organization, instead of passing it on to my own descendants.
I have been a member of various charitable organizations for many years and have great respect for their work and commitment to society. Therefore, it would mean a lot to me to donate a portion of my inheritance to a good cause. However, I am unsure if this is legally possible and how I would go about doing so.
My concern is that my descendants may be disappointed or upset if they find out that I have left my inheritance to a charitable organization. Therefore, it is important for me to know if there are legal provisions that could prevent this or if there are ways to make my decision transparent and understandable.
Could you please explain to me if it is legally permissible to leave one's inheritance to a charitable organization? Are there specific requirements or formulations that I need to consider? And how can I ensure that my decision will be respected in the event of an inheritance?
I thank you in advance for your support and guidance on this matter.
Sincerely,
Piotr Neumann
Dear Mr. Neumann,
Thank you for your inquiry regarding your inheritance situation and the possibility of leaving your inheritance to a charitable organization. First of all, I would like to assure you that it is generally possible to leave your inheritance to a charitable organization. In Germany, there is freedom of testamentary disposition, which means that you are free to decide who you want to leave your assets to in the event of your death.
To leave your inheritance to a charitable organization, you should clearly and unambiguously specify in your will or inheritance contract which organization should receive the inheritance. It is recommended to provide the exact name and location of the organization to avoid any misunderstandings. Additionally, you should ensure that the organization is recognized as charitable, as only such organizations are tax-exempt and allowed to accept inheritances.
It is important that your will or inheritance contract is legally valid to ensure that your last will is actually implemented in the event of inheritance. Therefore, I recommend that you consult a lawyer specializing in inheritance law in a timely manner, who can assist you in drafting your will. An experienced lawyer can also help you avoid potential conflicts with your descendants and make your decision transparent and comprehensible.
It is understandable that you are concerned that your descendants may be disappointed or upset if you leave your inheritance to a charitable organization. It is important to openly communicate your decision to your descendants and explain the reasons behind it. This way, you can ensure that your decision is respected and avoid any misunderstandings.
In conclusion, it is legally permissible to leave your inheritance to a charitable organization as long as you adhere to the necessary formal requirements and make your decision transparent and comprehensible. A lawyer specializing in inheritance law can support you in this process and ensure that your last will is implemented accordingly in the event of inheritance.
I hope that this information has been helpful to you and I am available for any further questions.
Best regards,
Uwe Herrmann
Lawyer specializing in inheritance law
