How Can I Prove My Relationship With My Partner to Secure My Inheritance Rights?

When claiming inheritance rights, especially as an unmarried partner, proving the nature and depth of your relationship with the deceased is often crucial. German inheritance law primarily recognizes legal spouses and biological or adopted children, so demonstrating your connection is essential to assert your claims. Here’s how you can effectively prove your relationship:

 
1. Legal Documentation of Your Relationship
1.1 Marriage Certificate
If you were married to the deceased, a marriage certificate is the most straightforward proof of your relationship. Ensure the document is valid under German law, particularly if the marriage occurred abroad.

1.2 Registered Partnership
For same-sex couples or others in a legally registered partnership, the partnership certificate serves as valid evidence.

1.3 No Marriage or Partnership?
If you were not legally married or in a registered partnership, you will need to rely on other forms of evidence to demonstrate the nature of your relationship.

 
2. Evidence of Cohabitation
2.1 Shared Address
Proof that you lived together can strongly support your claim. Acceptable documents include:

Joint tenancy agreements.
Utility bills or bank statements showing the same address.
2.2 Letters or Correspondence
Official letters addressed to both of you at the same residence can also substantiate your claim.

 
3. Financial Interdependence
3.1 Joint Bank Accounts
Statements from joint bank accounts show a financial relationship. Highlight transactions that indicate shared expenses, such as rent or groceries.

3.2 Shared Investments or Assets
Evidence of jointly owned property, vehicles, or other investments can demonstrate a long-term, committed relationship.

3.3 Support Payments
If the deceased supported you financially, provide evidence such as:

Regular bank transfers.
Agreements indicating financial dependency or mutual contributions.
 
4. Testamentary or Beneficiary Designations
4.1 Named in a Will
If the deceased named you in their will, provide the original document or a certified copy. Even partial inheritance can establish your role in their life.

4.2 Insurance or Retirement Accounts
Being listed as a beneficiary on life insurance policies, pension plans, or similar accounts supports your claim to inheritance rights.

 
5. Evidence of a Long-Term Relationship
5.1 Photos and Videos
Documented memories, such as photos or videos from vacations, holidays, or family events, can help demonstrate the depth of your relationship.

5.2 Joint Activities or Memberships
Evidence of joint memberships in clubs, gyms, or other organizations can further validate your relationship.

5.3 Witness Statements
Statements from family, friends, or neighbors who can attest to the nature of your relationship are valuable. Ensure they describe specific examples of your shared life and mutual commitments.

 
6. Legal Recognition of Contributions
6.1 Financial Contributions
If you contributed to the deceased’s wealth, such as paying for home improvements or supporting their business, provide receipts, invoices, or contracts.

6.2 Caregiving Roles
If you provided care for the deceased during illness or old age, keep records of medical appointments, caregiving schedules, or expenses incurred during this time.

 
7. Steps to Strengthen Your Claim
7.1 Compile All Evidence
Organize your evidence in a clear, chronological format to present a cohesive story of your relationship.

7.2 Engage an Inheritance Lawyer
A lawyer specializing in inheritance law can help you evaluate your evidence and strengthen your case. They can also represent you in negotiations or legal proceedings.

7.3 File a Formal Claim
Submit your evidence to the probate court (Nachlassgericht) if the estate is in dispute or your rights are being challenged.

 
8. Challenges You Might Face
8.1 Skepticism From Other Heirs
Biological children or other legal heirs might dispute your claims, especially if they feel threatened by your potential share of the estate.

8.2 Insufficient Documentation
Lack of legal documentation, such as a marriage certificate or a will, can weaken your case. Strong secondary evidence is crucial in these situations.

8.3 Bias Against Unmarried Partners
German law prioritizes legal relationships, so you must demonstrate your importance in the deceased’s life convincingly.

 
9. Conclusion
Proving your relationship with your partner to secure inheritance rights requires a combination of legal documentation, evidence of cohabitation, financial interdependence, and personal testimonies. While the process can be challenging, especially for unmarried partners, a well-organized claim and legal support can significantly strengthen your position. Taking proactive steps now to formalize aspects of your relationship can also provide greater security in the future.