Wer Erbt Sie?

If you haven’t got a will the law will decide who inherits you. Since the law is from the 19nth century the law may not fit your situation.

Below you can find your lawful heirs.

The law is unfortunate

For example the law is very unfortunate if:

  • You live together but are not married. Your partner will inherite absolutely nothing in this case eventhough you really wanted it to be so.
  • If you want your spouse to get as much inheritage as possible. Your children will get half oft he inheritage if you do not have a will.
  • Patchwork families with common children, your children, children of your partner. The law always favorises your own children but is that fair?

Without a will your heritage will go to

In Germany there are three main inheritance orders of who your heirs will be without a will. If you have got a heir in order 1 you will not look for heirs in order 2. The heir or heirs in order 1 will automatically get your heritage.

Mitzi – you can have a look here to get further information

http://www.ndeex.de/erbrecht/download/Die_gesetzliche_Erbfolge_-_Wer_erbt_ohne_Testament.html

1. Order – Kinder und Ehegatte

Children and your spouse will be heirs. The spouse and the children will devide the inheritance in two equal parts. If you for example have got a spouse and two children your spouse will get 50 % of inheritance and your children will get 25 % each.

If you no will you live together with your partner your children will get all of your inheritance and your partner will get nothing according to the law.

If there are no heirs in the first order your heirs in 2. order will inherit you.

2. Ordnung - die Eltern des Verstorbenen und deren „Abkömmlinge“

The second order is your parents. If your parent have passed away then your siblings take over. If one or more of your siblings have passed away too then their children will inherit you.

Example:
Peter’s parents have passed away and they live behind 3 children (Peter’s siblings). One of the siblings have also passed away and leave 2 children behind.

Peter leaves in total 300.000 € when he passes away for his siblings. The to siblings will get € 100.000 each and the passed away sibling’s children will divide the share of their parent and will thereby get € 50.000 each according to the law.

If there are no heirs in the second order your heirs in 3. order will inherit you. 

3. Ordnung - Großeltern des oder der Verstorbenen und ihre „Abkömmlinge“

If you neither have a spouse, children parents or descendants from your parents then your grandparents and their descendants will inherit you. 

If your grandparents are not alive the inheritance goes on to their descendants which can be your uncle or aunt. If they are not alive your inheritance will be passed on to your cousins and so on.

Example:
Simon’s has got not spouse, children, parents or descendants from his parents. His grandparents have also passed away and his uncle and his deceased aunt will therefor take of Simons’s inheritance Simon’s aunt leaves behind 3 children.

Simon’s inheritance is € 200.000 and his uncle inherits € 100.000 and Simon’s aunt’s children will divide the remaining inheritance in three and will each receive € 33.333.

The inheritance order is rarely how we in Germany would like to divide our estate. By writing a will you can decide on your own how your inheritance should be divided.

Help your heirs by writing your will. You can start today already.