In the Federal Republic of Germany, considerable fortunes will be bequeathed over the coming years and decades. The transfer of these assets is governed by intestacy law. 

The law does not distinguish whether the estate consists of a single-family home, multifamily building, savings account, securities account, business, and so on. Nor do the rules of inheritance depend on whether the testator had a good relationship, or no contact at all, with the individual legal heirs. If the estate comprises a company, nobody will ask whether the heirs are capable of keeping the company going. It goes without saying that in most cases, intestacy rules do not make the best possible use of the scope for fiscal optimization. And the list could go on and on.

On the other hand, the law also allows people to make highly individualized dispositions for their asset succession, limited only by so-called forced heirship rights.

The succession of assets itself can take place in two different ways. On the one hand, assets can be passed down by succession upon the death of the testator, and on the other hand, by anticipated inheritance while the transferor is still alive. Both approaches have advantages and disadvantages and sometimes also completely different ramifications, so that neither of the aforementioned approaches is fundamentally better than the other. Often, the most advantageous solution is one that combines anticipated inheritance and a will. Getting this just right requires excellent knowledge of numerous legal provisions. In many cases, this is not possible without consulting a professional.

The notary, who deals with these questions on a daily basis, will discuss your situation with you in order to find and implement the best solution for you.

As of 1 January 2012, all succession-relevant notarial instruments are recorded by the Federal Chamber of Notaries (Bundesnotarkammer) in a Central Register of Wills. When someone dies, the registry authority will notify the depositary so that the instrument can be forwarded to the competent probate court without delay. This ensures that your last will is enforced.

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