In succession planning, two forms of arrangements are often chosen, each of which can have a significant binding effect: the Berliner Will and the inheritance contract. Both instruments generally aim to reliably organize the transfer of assets after death. However, they differ in legal design, formation, and the extent to which later changes are still possible.
Berliner Will: Joint Provision by Spouses
Basic Structure and Typical Objectives
The Berliner Will is a joint will that spouses (and in certain circumstances registered partners) can create. It is often characterized by the fact that the partners appoint each other as sole heirs, while children or other relatives are only considered as final heirs after the death of the surviving partner. However, the legal content can vary in individual cases; the specific wording is always decisive.
Binding Effect through Mutual Provisions
The special legal effect arises mainly from so-called mutual provisions: regulations that are conspicuously interdependent, such as when the appointment of one spouse as sole heir is inherently connected to the subsequent appointment of children as final heirs. This linkage can mean that after one spouse’s death, certain provisions of the joint will can no longer be unilaterally changed.
Changes and Revocation During Both Spouses’ Lifetimes
As long as both spouses are alive, changes are generally possible. Whether and how a revocation or amendment can be effectively made is determined by legal regulations for joint wills. It is particularly important to note that revocation must occur in the prescribed form and that mutual binding already plays a central role in the interpretation.
Legal Situation After the First Inheritance
After the death of the first deceased, the binding effect can take effect. At this stage, later deviations by the surviving spouse affecting mutual provisions are usually only possible to a limited extent. Whether binding has actually occurred depends on the content, systematics, and interpretation of the joint will.
Inheritance Contract: Contractual Agreement with High Binding Force
Formation and Contract Character
The inheritance contract is an agreement in which a person commits to testamentary dispositions – often towards a contractual partner. Unlike a will, it is not a unilateral declaration but a contractual binding. This characteristic typically leads to pronounced stability of the arrangements made.
Distinction from a Will
While a will is generally designed as a unilateral disposition and – depending on the situation – can be more easily amended, the inheritance contract typically stipulates that certain dispositions can only be resolved or changed under specific conditions. The precise scope results from the contract’s content, legal framework, and classification of individual provisions as contractually binding or not binding.
Possibilities and Limits for Changes
Whether and to what extent adjustments are possible with the inheritance contract particularly depends on whether an amicable contract amendment is made or the contract itself contains reservations. Without an effective basis for modification, the binding effect may persist. It is always crucial to differentiate between the contractual testamentary bindings and other non-binding provisions.
Binding ‘For Real’: What Matters in Practice
Content and Interpretation of the Provisions
What is crucial is not the title ‘Berliner Will’ or ‘Inheritance Contract’ but the specific content. For joint wills, whether mutual provisions exist is often decisive. With inheritance contracts, the focus is on the obligations that were contractually assumed.
Time and Form: Validity and Existence
Binding effect and modifiability also depend on whether the respective provision was validly established and whether later statements fulfill the statutory form requirements. Defects in form or unclear formulations can significantly influence the legal situation without reflecting the ‘intent’ of the parties involved; the legal assessment is based on the document(s) and circumstances permissible for interpretation.
Interactions with Compulsory Share Rights
Regardless of whether a Berliner Will or an inheritance contract is chosen, compulsory share rights of close relatives can affect succession planning. The binding effect between the parties exists alongside statutory claims of third parties that cannot be precluded by the dispositions made.
Classification in Individual Cases
Determining the binding effect in a specific case typically requires careful consideration of the arrangement used, the document’s content, and the chronological order of testamentary declarations. Especially distinguishing between binding and non-binding components and the question of whether changes are still possible after an inheritance often depends on the details of the formulation and legal classification.
Those who have clarifications regarding joint wills or inheritance contracts can position their own circumstances within professional guidance. Information for contacting MTR Legal can be found at Legal Advice in Inheritance Law.
