In 2016 alone, Germans bequeathed 108.8 billion euros. That is a new high. Problematic: inheritance is also one of the most frequent causes of dispute in families. As the issue will affect us as a generation of heirs in the coming years, we should take precautions. How can we avoid inheritance disputes with close family members? Our expert Kristin Winkler (www.gwglhamburg.de) explains how.

I have inherited. What is the first thing I need to do now?
The most important decision is whether you want to remain an heir. Under German law, the estate is automatically transferred to the heirs when the inheritance takes effect. However, you have six weeks to renounce the inheritance, for example if you have debts. It is therefore important to get an overview of your assets as quickly as possible. This can be difficult if you were not familiar with the deceased and their circumstances.

What is a compulsory portion and what exactly does it mean?
A compulsory portion grants a certain group of people a legally defined entitlement to the estate. It is a monetary claim and amounts to half of the statutory inheritance share. This group of people includes only the closest family members of the deceased, namely their descendants (children, grandchildren, etc.), their parents and the surviving spouse and registered partner. More distant relatives are not entitled to a compulsory portion.

Can I reduce the share of relatives?
It is only possible to reduce the compulsory portion to a limited extent. This is usually attempted by making gifts during your lifetime. It is also possible to reduce the compulsory portion by changing the compulsory portion quota. The quota depends on the family circumstances. If other beneficiaries are added, for example through marriage or adoption, the compulsory portion is reduced in this way to the disadvantage of the unloved beneficiary.

Can I also set conditions in my will?
Yes, this is possible and can be used, for example, to secure certain legacies or conditions. However, the compulsory portion penalty clauses often found in joint wills (e.g: Inheritance clause - children only inherit if they waive their compulsory portion after the death of the first parent) is ultimately a conditional inheritance clause.

Do I always need a notary? Or is it possible without one?
A will is also valid without a notary as long as you comply with the regulations (see right). If you choose this form, you save the heirs from having to obtain a certificate of inheritance. And this is often more expensive than making a will.