Can I Reject the Debts Without Disregarding His Wishes?

Losing your partner is emotionally overwhelming, and facing the financial complexities of their estate can add further stress—especially if debts are involved. You might feel torn between protecting yourself financially and honoring your partner's wishes. Here's how you can navigate this situation with respect and care.

 
1. Accepting the Reality of Debts in Inheritance
In Germany, when you inherit your partner’s estate, you inherit both their assets and liabilities. It’s natural to want to respect your partner’s legacy, but taking on debts that exceed the estate’s value can place undue strain on your own financial stability. Rejecting the inheritance may feel like turning away, but it’s often a legal and practical necessity.

 
2. Rejecting the Inheritance with Grace
Rejecting the inheritance (Ausschlagung) does not mean you are disregarding your partner's wishes. Instead:

It’s a legal decision to separate yourself from financial liabilities while still respecting their intentions.
By acting swiftly (within six weeks in Germany), you ensure the debts do not negatively affect your personal finances.
You can still honor your partner’s memory and contribute to preserving their legacy in other meaningful ways.

 
3. Considering Limited Liability Options
If you wish to accept part of the inheritance while protecting yourself from debts, you can explore options like:

Nachlassverwaltung (Estate Administration): The debts are paid exclusively from the estate’s assets, ensuring creditors cannot target your personal wealth.
Nachlassinsolvenz (Estate Insolvency): If the estate’s debts surpass its assets, insolvency proceedings can be initiated to manage repayments fairly.
These approaches allow you to respect their wishes without compromising your own financial security.

 
4. Honoring Their Legacy Beyond Financial Matters
Even if you reject the inheritance, there are other ways to preserve your partner’s wishes and legacy:

Safeguard Their Memory: Cherish and share their stories, values, and contributions with loved ones.
Respect Their Final Wishes: Ensure any personal requests or instructions they left behind are carried out to the best of your ability.
Support Their Loved Ones: Collaborate with other heirs or family members to resolve the estate respectfully and harmoniously.
 
5. Seeking Professional Guidance
Making decisions about inheritance and debts can be emotionally and legally challenging. Seeking professional advice can help you balance your financial protection with honoring your partner’s wishes:

Inheritance Lawyers: They can guide you through legal procedures to reject the debts while understanding the implications.
Financial Advisors: They can help you assess the financial realities of the estate.
Support Networks: Emotional support from trusted friends, counselors, or advisors can help you feel confident in your decisions.
 
6. Remember: Respecting Their Wishes Includes Protecting Yourself
Your partner’s intentions likely included ensuring your well-being after their passing. Taking steps to protect yourself financially, even if it means rejecting the inheritance, aligns with their desire for you to be secure and cared for. Respect for their legacy does not mean placing yourself in financial jeopardy.

 
Conclusion
You can honor your partner’s wishes without taking on unsustainable debts. By carefully evaluating the situation, exploring limited liability options, and preserving their legacy in meaningful ways, you can navigate this complex process with grace and care. Protecting yourself is not a betrayal—it’s a reflection of the love and trust they had in you.