What happens if I do not leave a will?
July 7, 2024 | 45,00 EUR | answered by Uwe Herrmann
Dear Lawyer,
My name is Ludwig Widmann and I have an important question regarding inheritance law. My concern pertains to the consequences that occur when I do not leave a will.
For background information: I am 55 years old, single, childless, and have no siblings. My parents have already passed away, and I have no close relatives. My assets mainly consist of my own home, some savings, and a small stake in stocks. I am aware that it is advisable to draft a will to record my final wishes and avoid disputes among potential heirs.
My worry is that I have not yet written a will and am now considering what would happen if I were to suddenly pass away. What legal regulations apply in such a case? Who would inherit my assets and in what proportion? Is there a way to consider my individual preferences regarding the distribution of my estate even without a will?
I would be very grateful if you could provide me with possible solutions to clarify my current situation and, if necessary, initiate legal steps to settle my assets according to my wishes. Your professional expertise and advice in this matter would be of great importance to me.
Thank you in advance for your help and support.
Sincerely,
Ludwig Widmann
Dear Mr. Widmann,
Thank you for your inquiry regarding inheritance law. I would be happy to assist you and provide you with more information on the consequences of not leaving a will.
In your specific case, as a single, childless, and siblingless decedent, the laws of German inheritance apply. If you pass away without a will, the legal succession according to §§ 1922 et seq. of the Civil Code (BGB) comes into effect. In your case, your closest relatives would inherit, if they exist. However, since you have mentioned that your parents are deceased and you have no siblings, there are no direct legal heirs in the direct line.
In such a case, more distant relatives such as grandparents, uncles, aunts, cousins would inherit according to legal regulations. If these are also not present, your assets would ultimately fall to the state. This means that the state would inherit your assets as the so-called "legal heir".
However, to consider your individual wishes regarding the distribution of your estate, you can still act without a will. You have the option to make a testamentary disposition by, for example, entering into an inheritance contract, making a gift, or granting a power of attorney. These measures allow you to regulate your succession and ensure that your assets are distributed according to your wishes.
It is advisable, however, to draft a will early on to avoid disputes and uncertainties among potential heirs. A will gives you the opportunity to clearly and unambiguously record your last wishes and ensure that your assets are distributed according to your intentions.
If you have further questions or wish to take legal steps to clarify your current situation, I am at your disposal. You can schedule an appointment for a personal consultation or continue to stay in touch with me online.
Thank you for your trust and inquiry. I am happy to assist you and look forward to supporting you in this matter.
Sincerely,
Uwe Herrmann
Estate lawyer
