Spouses often opt for a joint will, which usually designates the surviving spouse as the sole heir upon the first spouse’s death. This often serves to protect the estate from claims by distant relatives after the death of one spouse. Such wills are generally handwritten by one spouse and signed by both. Furthermore, they frequently specify final heirs who are to inherit after the death of the second spouse. A joint will has a similar binding effect to a notarized inheritance contract. But what happens if one spouse subsequently wishes to make changes? Is a change possible even without the consent of the other spouse?
Unilateral and reciprocal dispositions
The German Civil Code distinguishes between unilateral and reciprocal dispositions in a joint will. Unilateral dispositions can be easily amended by either spouse. Reciprocal dispositions, on the other hand, are legally linked: they are only valid if it can be assumed that one spouse made their disposition solely on the basis of the corresponding disposition by the other. Such dispositions can only be subsequently amended or revoked jointly.
How can one recognize a reciprocal disposition?
It is not crucial whether the will explicitly states that the dispositions are “reciprocal.” What matters is whether a mutual dependency existed at the time the will was drawn up. Courts examine whether a disposition would have been made even without the other spouse’s. ” If there is no reciprocity, each spouse can draw up a new will that revokes the older joint will. If reciprocity exists, changes can only be made jointly, ” explains attorney István Cocron.
Cancellation instead of amendment
If one spouse can no longer make changes, for example due to illness or lack of consent, the only remaining option is revocation. This must be notarized and becomes effective as soon as the other spouse receives notification. However, revocation also invalidates any related disposition made by the other spouse. This can be problematic if the sole intention is to change the final heirs. In such cases, careful consideration is necessary.
Individual provisions in the will
Reciprocity does not affect the will as a whole, but rather individual provisions such as bequests, legacies, or conditions. Each provision is examined separately to determine whether it can be amended independently or whether the cooperation of the other spouse is required. This allows for adjustments if certain parts of the will are not legally binding.
Changes after the death of a spouse
After the death of one spouse, a reciprocal will can no longer be revoked. The surviving spouse can only be released from the will by disclaiming the inheritance of the deceased spouse. However, this must be done within the statutory time limit and in the prescribed form. Afterward, a new will is possible.
Conclusion
” Amendments to a joint will are also possible unilaterally under certain conditions. Especially with long-term testamentary arrangements, it is crucial to consider the potential consequences early on, ” says attorney Cocron. Careful planning and consultation with an experienced inheritance lawyer can help avoid future legal disputes or unwanted obligations.
