Compulsory portion despite a Berlin will: This is how you can cleverly protect your inheritance!

Compulsory portion despite a Berlin will: This is how you can cleverly protect your inheritance!

For many married couples, especially in patchwork families, the so-called Berlin Will is a popular option to protect each other as sole heirs. This often happens in markets where real estate represents a large portion of assets. However, a challenge remains: the children's claims to compulsory portions from previous relationships have not been eliminated in this case either. Loud anwalt.de These claims, which cover half of the statutory share of the inheritance, can lead to significant financial burdens for the surviving spouse.

An example illustrates the problem: A 63-year-old woman is married to her 75-year-old husband and is the sole owner of three properties worth around 550,000 euros. After the death of the first person to die, the husband's children have the right to claim their compulsory share immediately. This can create a strain on liquidity as the surviving partner may need to raise funds quickly to meet these demands.

Compulsory portion and will

The Berlin will effectively disinherits the testator's children, but they are still entitled to the compulsory portion. This is usually calculated as half of the statutory share of the inheritance. According to Section 2303 of the German Civil Code (BGB), descendants of the testator, spouses and, in some cases, parents are entitled to a compulsory share if there are no other descendants, explained advocado.de. With an example asset of 300,000 euros, a child who claims his compulsory share when his father dies can only receive 18,750 euros due to a compulsory share penalty clause.

A compulsory portion penalty clause can be specified in the will to limit the children's entitlement. However, it is important to know that children who claim their compulsory share when they first inherit can disinherit themselves if this clause is part of the will. Timely information about the estate and compulsory portion is therefore essential.

Asset protection strategies

Given these challenges, it is crucial to take early legal measures to secure assets. Well-thought-out strategies can help to minimize access to compulsory shares. Recommended actions include:

• Übertragung der Immobilien zu Lebzeiten mit Nießbrauchsvorbehalt, um den Wert des Vermögens im Todesfall zu reduzieren.
• Abschluss eines Ehevertrags mit modifiziertem Zugewinnausgleich, um erbrechtliche Vorteile für den überlebenden Ehegatten zu schaffen.
• Einführung von Pflichtteilsstrafklauseln im Testament, um Kinder zu disziplinieren.

In addition, children can also claim compulsory portions from gifts made in the last ten years before the testator's death. A reduction rule reduces the eligible value of the donation by 10% per year if no comprehensive right of use has been reserved.

After the death of a spouse, the surviving partner is only authorized to make unilateral changes to the will if the dispositions are not interrelated. These legal subtleties are particularly important for couples navigating the complexity of a Berlin will. If you are uncertain, it is advisable to seek specialist legal advice on asset structure and will protection in good time.