Berlin will

Without testamentary provisions, i.e. in accordance with the statutory succession, a family consisting of the parents (married in a community of accrued gains) and, for example, two children, will have a community of heirs consisting of the surviving spouse (½) and the two children (¼ each) when the first succession occurs. All decisions within this community of heirs must be coordinated with each other.

This would also apply, for example, to the home that has been painstakingly built. All renovations, a possible sale or rental of the property, which had previously been used as a family home, would then have to be decided jointly by the heirs. In the worst case scenario, each of the children could have the property auctioned off, driven by a creditor, for example. The surviving spouse would then most likely be forced to move out.

To prevent this and to protect the surviving spouse, many spouses decide to change the legal succession by drawing up a so-called "Berlin will". The "Berlin will" is the most common form of joint will in Germany.

The term "Berlin will" is not used uniformly. It describes at least two different versions. One is the so-called "unity solution" and the other is the "separation solution".

In the separation solution, the spouses each appoint themselves as primary heirs. Third parties - usually the children - are then designated as subsequent heirs. This means that two separate estates are created on the first inheritance, the heir's own assets and the inherited assets.

With the unified solution, the surviving spouse initially becomes the sole heir. The inherited assets are added to the personal assets of the surviving spouse. On the second inheritance, the spouses designate third parties - usually the children - as heirs to the total assets of the surviving spouse.

The type of arrangement (unity or separation solution) is then determined by the spouses' motives.

Irrespective of the unity or separation solution, questions arise in particular regarding possible compulsory portion claims and the inheritance tax consequences of the testamentary arrangements. However, these questions can only be answered on a case-by-case basis.

The above explanation is intended to provide an initial insight into the topic of Berlin wills. 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: 21.12.2022