Divorce will

At first glance, all inheritance law relationships with the ex-partner seem to end when the divorce becomes final. But beware: at least if there are joint children from the now divorced marriage, there are numerous undesirable consequences in the event of death. As a rule, divorced persons do not want their divorced spouse to administer their own estate, nor do they want them to participate in their own estate.

An example:

Mr. and Mrs. Müller divorce after 10 years of marriage. Their only child from the marriage is their son Max (aged 7). A few years later, Mr. Müller dies. By way of intestate succession, Max becomes his father's sole heir. What happens to the assets he leaves behind?

Max becomes his father's heir. As a result, he now owns all of his father's assets. However, because Max is a minor, he is not entitled to dispose of these assets. Instead, Mrs. Müller, as sole custodian, is now responsible for managing her son's assets. This means that she can now dispose of her ex-husband's assets until her son reaches the age of majority.

A few years later, Max dies as a result of an accident. Max has not yet made his own will. He leaves no children. What happens to his father's assets now?

If Max dies childless after Mr. Müller's death and has not made his own will, Mrs. Müller now becomes her son's sole heir by way of intestate succession. This means that, in addition to Max's own assets, Mrs. Müller also inherits all the assets saved by her ex-husband, which he originally inherited from his father.

Even if Max has made a will and designated a third person as his heir, Mrs. Müller is still entitled to at least the so-called parental share. This is half of the statutory share of the inheritance and therefore amounts to a claim in the amount of half of the assets left by Max. Mr. Müller's assets are included in this calculation.

Both the administration of the assets left behind by the ex-partner and the inheritance to the ex-partner or the inclusion of his own assets in the calculation of his parental share can be avoided. However, this requires appropriate provisions in a will.

If you want to ensure that the ex-partner does not participate in the estate through the joint children, it is therefore essential to draw up a so-called divorce will. The same also applies if children come from a non-marital relationship. The decisive factor here is that testamentary provisions are made to ensure that the divorced spouse/non-marital partner does not participate in their own estate and is excluded from its administration.

The above explanation is intended to provide an initial overview of the subject of divorce 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 duration of the consultation and the size of your assets are irrelevant.

Status: 23.03.2023