Even if there is no will, a certificate of inheritance may still be issued

In light of current events: What happens if no will can be found after a death? A new court order brings clarity.

Hamelin – A death can do both: weld family members together and divide them. It is not uncommon for him to do the latter. Family tensions are often caused by disagreements over inheritance matters. It becomes particularly complicated when there is no will at hand.

No will available? Often this leads to family quarrels after the death

According to a survey by the Allensbach Demographic Institute, only about a third of all households have a will. If no will has been written or none can be found, serious problems can arise after a death. Because: "Disputes over an inheritance have already disturbed some family relationships or friendships have broken down because of it," according to the Federal Ministry of Justice and Consumer Protection (BMJV).

When writing a will, there are a few things to consider. Nevertheless, there is a lot of room for manoeuvre around the formalities. Often it is just a handwritten piece of paper – confusingly similar to shopping lists, work notes and the like. So it cannot be ruled out that the important document will be lost. If it cannot be found after a death, the cause is difficult to clarify.

Testimony against testimony: District court mediates in inheritance dispute

According to the Working Group on Inheritance Law of the German Bar Association, a trial at the Hamelin District Court (Az.: 18 VI 135/21) dealt with an untraceable will:

• Before death, the deceased draws up a handwritten document: a daughter is to become the sole heiress.
• The document never reached the probate department of the district court for safekeeping.
• After death: Sole heir tries to apply for a certificate of inheritance.
• Second daughter disagrees: Her mother had reconsidered her inheritance decision and deliberately destroyed and revoked the will.

According to the court order: Under certain circumstances, the certificate of inheritance can still be issued

A mere statement of fact is not enough, the Hamelin District Court ruled. The lawyer of the deceased mother was able to testify that a daughter had been designated as the sole heir in the course of a formal will. Consequently, the certificate of inheritance could be issued to them. Also because the other daughter could not prove the destruction or creation of a different will.

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It should therefore be noted that in the end, it is the available evidence that decides. If no will has been written or if this cannot be proven, a fixed order decides on the distribution of inheritance.