What does the Berlin Testament mean and is it suitable for me?
March 23, 2023 | 40,00 EUR | answered by Felix Richter
Dear lawyer,
my name is Sven Müller and I am facing an important decision regarding my inheritance. My wife and I have not yet written a will and are unsure about which regulations are best suited for us. We have two children and want to ensure that they can inherit fairly and without disputes after our passing.
We have heard of the so-called Berlin will, but we are unsure if this form of testamentary provision is suitable for us. We want to avoid the possibility of our children being disadvantaged by the Berlin will and are therefore looking for a solution that is fair for all parties involved.
Can you explain to us what exactly the Berlin will means and what advantages and disadvantages it entails? Is this form of testamentary provision recommended for us as a married couple with two children? Are there alternative ways to distribute our inheritance fairly and avoid disputes?
We would greatly appreciate your assessment and recommendation in order to make an informed decision for the future of our family.
Thank you in advance for your help.
Kind regards,
Sven Müller
Dear Mr. Müller,
Thank you for your inquiry regarding estate planning for you and your wife. It is very important to consider the distribution of inheritance early on to avoid disputes and uncertainties. The Berlin Will is a commonly chosen form of estate planning, which can be particularly interesting for married couples with children.
The Berlin Will involves both spouses appointing each other as sole heirs, and only after the death of the second spouse do the children become heirs. This means that the children are initially excluded from the inheritance and only inherit after the death of both parents. The advantage of the Berlin Will is that the surviving spouse is protected and the assets can be used jointly. In addition, inheritance tax is optimized through the tax-free allowance for spouses.
However, the Berlin Will also has disadvantages. On the one hand, the children can actually be disadvantaged by this form of estate planning, as they have to wait longer for their inheritance until after the death of both parents. Furthermore, there is a risk that the surviving spouse can change the will at will, leading to injustices.
However, there are alternative ways to distribute the inheritance fairly and avoid disputes. One possibility, for example, would be the so-called "Berlin Will plus", where the children are already provided with assets during the lifetime of the parents to avoid injustices. Another option would be to establish a joint will, in which clear rules for inheritance are set out.
It is advisable to seek advice from a specialized attorney in inheritance law to take into account the individual needs and interests of your family. Together, we can find a suitable solution that is fair and just for all parties involved.
I hope this information helps you in your decision-making process. If you have any further questions, please feel free to contact me.
Best regards,
Felix Richter
Attorney specialized in inheritance law
