Can I appoint my partner as my heir even though we are not married?
December 18, 2022 | 40,00 EUR | answered by Mia Widmann
Dear lawyer,
My name is Dennis Götzinger and I have an important question regarding inheritance law. My partner and I have been a couple for many years, but we are not in a registered civil partnership or married. We have always supported each other and also want to ensure that my partner is well taken care of in case of my passing.
Can I appoint my partner as heir even though we are not married? I am concerned that in the event of my death, my partner may not automatically be entitled to inherit. We have built up assets together and want to ensure that my partner is secure and has access to our shared assets after my passing.
I have already written a will in which I appoint my partner as heir. Is such a will legally binding and will it be executed in the event of my passing? Are there any additional steps I should take to ensure that my partner is secure after my passing?
I thank you in advance for your help and support with this important question regarding inheritance law and look forward to your expertise and possible solutions.
Sincerely,
Dennis Götzinger
Dear Mr. Götzinger,
Thank you for your inquiry regarding inheritance law. It is understandable that you are concerned about how to secure your partner in the event of your passing, especially if you are not married or in a registered civil partnership. In Germany, the law governs the legal succession, which provides that the surviving partner in unmarried couples is generally not automatically entitled to inherit. This can result in your partner not having a claim to your assets in the event of your death.
To ensure that your partner is secured after your passing and has access to your joint assets, you can create a will in which you designate your partner as the heir. Such a will is generally legally binding and will be implemented in the event of your death, provided it was created in the correct form and within the deadline. However, it is important that the will meets all legal requirements to be valid. In this case, it may be advisable to seek advice from an experienced inheritance lawyer to ensure that the will is effective.
In addition to a will, there is also the option of entering into an inheritance contract, which establishes a binding agreement on the succession between you and your partner. An inheritance contract can provide additional security and ensure that your partner is secured after your death.
It is advisable to regularly review whether your will or inheritance contract still reflects your current wishes and needs, and to adjust it if necessary. Furthermore, you should ensure that your partner is informed about the will and has access to the relevant documents in the event of your death.
I hope that I was able to assist you with this information. If you have any further questions or require a more detailed consultation, I am at your disposal.
Best regards,
Mia Widmann
Inheritance Lawyer
