As of: February 11, 2024, 8:00 p.m
By: Carina Blumenroth
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A joint will can be an option for married couples.
How the Berlin Testament works and what challenges it can bring.
As life progresses, everyone has to deal with contracts and pension documents that at first glance seem unpleasant.
For example, it makes sense for people of all ages to fill out a power of attorney for health care.
This clarifies who should sort out your own affairs if you can no longer do this yourself.
If you want to regulate what happens to real estate and assets after your death, you should create a will.
Married couples in particular should pay attention to the details.
What is the Berlin Testament?
Married couples and registered life partners can draw up a joint will.
© Depositphotos/Imago
The Berlin will is a joint will for married couples and registered life partners.
The partners appoint each other as sole heirs, informs the
German Inheritance Center
.
If a partner dies, potential children are initially left empty-handed.
The legal succession does not apply if the partners have decided on a Berlin will.
Unmarried couples cannot make use of the Berlin Will.
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Advantage of the Berlin Testament
If the inheritance consists mainly of a property, the person who lives longer can continue to live there unmolested.
There are no heirs to pay out, so there are no disputes at the moment.
In this way, the person's standard of living can be maintained,
Finanztip
informs .
If both parties who agreed to the Berlin Will die, the inheritance is divided among the children or other survivors.
Important: The living spouse cannot disinherit anyone
If children are included as heirs in the joint will, the surviving partner cannot independently disinherit a child.
If the couple would like to give each other the opportunity to change the will after the death of one of them alone, a clause must be included in the will.
Can children claim the compulsory portion?
Children generally do not inherit when a parent dies.
However, you can demand a compulsory portion.
In this context, it can happen that the remaining parent gets into financial difficulties.
The couple can prevent this case by including a clause in the will.
This could mean that children and their grandchildren who claim the compulsory share are disinherited if the remaining parent dies.
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Berlin Testament: What happens if the inheritance is high?
If the inheritance is generally high, there may be tax disadvantages for the children.
If a parent passes something on to their child, there is usually an allowance of 400,000 euros.
This is initially lost in the Berlin will because the spouse is named as the sole heir.