Every year, around 400 billion euros are inherited in Germany – yet many inheritance regulations are incomplete, flawed, or even nonexistent. Attorney István Cocron of the law firm Rechtsanwalt Cocron GmbH & Co. KG, with offices in Berlin and Munich, is familiar with the typical misunderstandings surrounding inheritance law from his daily practice. Here you will learn which common misconceptions occur – and how to avoid them.
1. “The spouse automatically gets everything”
A common misconception: If one spouse dies without a will, the surviving partner does not automatically inherit the entire estate. If parents, siblings, or grandparents are still living, they also become part of the community of heirs. This can lead to conflict. Even couples without children are affected – siblings of the deceased can make claims to the house.
Lawyer’s tip: A joint will offers legal security. This is the only way to prevent outsiders from having a say – whether in financial matters or regarding home ownership.
2. “A Berlin Testament can be changed at any time”
Incorrect: After the death of one spouse, a change is usually impossible. The Berlin Testament binds the surviving spouse – later changes are generally inadmissible, even if family circumstances have changed.
Important: Change reservations should be taken into account during the creation process to maintain flexibility.
3. “Children can be disinherited at will.”
Although children can be excluded from a will, their right to a compulsory share of the inheritance remains. Even in cases of a strained relationship, they are entitled to half of their statutory share of the inheritance – in cash.
Complete disinheritance is only possible in extreme cases, such as when children have committed serious crimes against their parents.
4. “Care workers must not be considered”
That’s not true. Anyone who wants to leave something to their caregiver or long-term household help can effectively stipulate this in their will – even to a considerable extent.
According to nursing home law, only employees of nursing homes are not allowed to be named as heirs.
5. “A computer printout is sufficient as a will”
A dangerous misconception. A will must be entirely handwritten and signed by hand. Typed documents are not legally valid – even if they are well-written.
Note from attorney Cocron: Even attached lists or printed addenda can be problematic. Anyone who wants to be on the safe side should seek legal advice.
6. “The tax office will collect everything anyway.”
Not necessarily. Generous tax allowances apply to close relatives:
- Spouse: €500,000
- Children: €400,000 per parent
- Grandchildren: €200,000
The situation is different with more distant relatives or friends – here the tax-free allowance is only €20,000, so inheritance tax can quickly become due. Without careful planning, this can get expensive.
7. “I only take the assets, not the debts.”
A grave mistake. Whoever accepts an inheritance automatically assumes all debts. Selective inheritance is not legally possible.
Therefore: In case of doubt, a decision should be made within six weeks of learning of the inheritance. Those who fail to disclaim the inheritance in time may be left with debts.
8. In the case of a legacy of bank balances, the beneficiary has a direct claim against the bank for payment of the balance.
No: If someone is named in a will as a legacy that “transfers” the deceased’s bank balance, they do not automatically have a direct claim against the bank for the transfer of the account or the disbursement of the funds held there. The legatee must first contact the heir so that the heir can transfer the bank balance according to the deceased’s wishes. The legatee has no direct claim against the bank for disbursement of the balance.
Conclusion: Prevention is better than fighting it later.
Das Erbrecht ist komplex und voller rechtlicher Fallstricke. Wer sicherstellen will, dass sein Wille respektiert wird, sollte rechtzeitig juristische Unterstützung suchen. Auch Erben profitieren davon, ihre Rechte und Möglichkeiten zu kennen.
📍 Lawyer István Cocron and the team at the law firm Cocron GmbH & Co. KG provide competent advice and representation in Berlin and Munich.
