Conditions in wills and inheritance contracts
There are various types of arrangements that can be made in a will. For example, the appointment of an heir can be regulated or a legacy can be granted. In addition, so-called stipulations are often made, e.g. to regulate the care of a grave after one's own death or the care of pets or similar.
The condition therefore serves to order another person - usually the heir - to perform a certain action or to instruct them to refrain from performing this action. This does not give rise to a claim to a specific benefit. In contrast to a legacy, through which another person receives, for example, an object or a sum of money (i.e. a kind of "gift on death"), a condition merely imposes a kind of "task" on a specific person. There is therefore no entitlement to a specific benefit.
The heir or co-heirs in particular can demand the execution of the condition. Substitute heirs or legatees can also demand the fulfillment of the task from the beneficiary if they themselves would take the place of the person burdened with the condition in the event of the condition ceasing to exist. An executor is often also appointed in the will or inheritance contract, who should and can ensure the fulfillment of the condition independently of the co-heirs, etc. If the fulfillment is in the public interest, the competent authority can also monitor the execution.
Examples of an obligation are
the placement of certain flowers on the grave or the general care of the grave
the carrying out of a cremation
taking in and/or caring for the cats or placing them in a specific animal shelter
the payment of certain amounts to a social institution, foundation or similar
specific instructions regarding the course of the funeral
the requirement not to sell certain estate items or not to sell them within a certain period of time, e.g. a house
The above explanation is intended to provide an initial insight into the institution of the condition. It is not a substitute for advice in individual cases.
If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.
Status: 13.09.2023