Will (law)

A disposition of property upon death is an arrangement that one (or more ) individual ( s) for the conditional precedent event of their death meets ( meet ). The injunction is therefore only after her death, and after it was declared dead ( n ), effective. This property transitions are often regulated.

Wills and trusts

These dispositions of property upon death are in:

1 ordinary wills, speak privately written will as individual Testament pursuant to § 2247 of the Civil Code or the spouse Testament written as a special case under § 2267 of the Civil Code by hand or explained by writing pursuant to § 2232 of the Civil Code before the notary;

2 extraordinary testaments ( Nottestamenten ) declared before three witnesses in accordance with § § 2249-2251 of the Civil Code;

Prenuptial Agreements in accordance with § 3 BGB closed in 2274 with the legatee ( legatees ) or heirs. In this case, the contract is valid at personal presence of the deceased (only testator must be personally present ) to complete 2276 of the Civil Code with the contractor before the notary §. The withdrawal from this contract of inheritance is possible only if the requirements of § § 2293 et seq.

Regulations

In these dispositions of property upon death the legal consequences of legal succession, ie universal succession under § 1922 of the Civil Code, Section 1 2303 of the Civil Code may, by gewillkürte succession pursuant to § 1937 of the Civil Code within the limits of the compulsory part of right pursuant to § be changed.

Through a testamentary disposition couples can in the marital separation of property agreed that in case of death of the matrimonial community of accrued gains is to apply, so that § 1931, Section 4 of the Civil Code is not effective and the surviving spouse is the flat-rate equalization of accrued gains by increasing the Erbquote of the surviving spouse may require in accordance with § 1371 of the Civil Code; this is tax-exempt under § 5 ErbStG.

Molding

Privately written will
Notarial testament
Berliner Testament

Erbvertrag
Marriage and inheritance contract

Nottestament

Mayor Testament ( § 2249 BGB)
Three witnesses will ( § 2250 BGB)
Seetestament ( § 2251 BGB)