How can I ensure that my wishes are carried out after my death?
December 4, 2022 | 40,00 EUR | answered by Felix Richter
Dear lawyer specializing in inheritance law,
My name is Marie Fröhlich and I have an urgent question regarding my inheritance. I have no direct descendants or close relatives and I want to ensure that my wishes are carried out after my death. Currently, I have a will in which I have specified who should be my heirs and how my assets should be divided.
However, I am worried that my will may not be respected or challenged in case of a serious event. Are there ways in which I can ensure that my wishes are actually implemented and that my inheritance is not jeopardized by disputes or legal disputes?
I would like to know if there are other legal steps I can take to secure my inheritance. For example, I have heard of an inheritance contract - would that be a sensible option for me? Or are there other measures I can take to ensure that my assets are distributed according to my wishes?
Thank you in advance for your help and expertise. I look forward to hearing from you and receiving your advice.
Sincerely,
Marie Fröhlich
Dear Mrs. Fröhlich,
Thank you for your inquiry regarding your inheritance and your concern that your will may not be respected or contested in case of a serious event. It is understandable that you want to ensure that your wishes are carried out after your passing and that your assets are distributed accordingly. In fact, there are various legal steps you can take to secure your inheritance and avoid disputes or legal battles.
One option is to create an inheritance contract. Unlike a will, which is drafted solely by you, an inheritance contract is entered into by at least two parties, you and the heir(s), together. In an inheritance contract, you can specify detailed provisions regarding succession, distribution of your assets, or mandatory share entitlements, for example. Under certain conditions, an inheritance contract can be particularly secure against challenges, as it must be notarized and therefore has increased evidentiary value.
Another option is to establish a foundation during your lifetime. By founding a foundation, you can transfer your assets into a legally independent foundation that acts according to your wishes and goals. You determine the statutes of the foundation and specify the charitable or private purpose the foundation should pursue. This way, you can ensure that your assets are used in line with your wishes in the long term.
Furthermore, making a gift during your lifetime could be a way to transfer your assets early and avoid potential inheritance disputes. Through a gift, you can transfer assets to your desired heirs during your lifetime and ensure that your assets are passed on according to your wishes.
It is important to individually assess which option is best suited to secure your inheritance and implement your wishes. I am available for further discussion in my online consultation hours to address your questions and provide you with personalized advice.
Thank you for your trust, and I look forward to continuing to advise you.
Sincerely,
Felix Richter
Estate lawyer
