What Happens If the Family Presents a Different Will?

The presentation of a different will by the family can complicate the inheritance process and raise questions about the authenticity and validity of both documents. Here's how to navigate this situation with care and legal clarity:

 
1. Understand the Situation
When a different will is presented:

Identify the Dates: Check the dates on both documents. In German inheritance law, the most recent valid will generally takes precedence.
Determine the Content: Compare the two wills to understand the differences and their implications.
 
2. Validate the Wills
To resolve the dispute, it’s essential to establish which will is valid:

Assess Formalities: Both wills must comply with German law. A valid will should be handwritten, signed, and dated by the deceased, or it must have been formally notarized.
Examine Authenticity: Investigate whether the presented will is genuine, including whether it shows signs of forgery or undue influence.
 
3. Submit Both Wills to the Probate Court
The probate court (Nachlassgericht) is responsible for determining the validity of competing wills:

Court’s Role: The court will review both documents, examine evidence, and decide which will is legally binding.
Legal Priority: The court considers factors such as the chronology, clarity, and compliance of each will with legal standards.
 
4. Challenge the New Will if Necessary
If you suspect the new will is invalid or was created under questionable circumstances:

Grounds for Challenge:Fraud or forgery
Undue influence or coercion
Lack of capacity when the deceased created the will
Evidence: Gather supporting evidence, such as handwriting analysis, witness testimonies, or medical records, to back your claim.
 
5. Protect Your Rights
Even if the new will is deemed valid, you may still have rights:

Mandatory Share (Pflichtteil): Under German law, certain heirs, such as spouses or children, may be entitled to a statutory portion of the estate regardless of the will’s contents.
Legal Representation: Engage an inheritance lawyer to ensure your rights are protected throughout the process.
 
6. Mediation and Conflict Resolution
If possible, seek to resolve disputes amicably:

Mediation: A neutral mediator can help all parties reach an agreement without escalating the conflict.
Preserving Harmony: Emphasize the importance of respecting the deceased’s wishes while maintaining family relationships.
 
7. Prepare for Court Proceedings
If an agreement cannot be reached, the matter may need to be resolved in court:

Present Evidence: Provide all relevant documents, testimonies, and supporting materials to the court.
Court’s Decision: The court will determine which will is valid and how the estate should be distributed.
 
8. Keep Communication Transparent
Maintain open and respectful communication with the family:

Document Discussions: Keep records of all conversations and correspondence related to the dispute.
Focus on the Deceased’s Wishes: Frame discussions around honoring the intentions of your late partner.
 
Final Thoughts
When a different will is presented, it can be an emotionally charged and legally complex situation. By validating the documents, seeking professional legal guidance, and prioritizing your late partner’s wishes, you can navigate the dispute and ensure their legacy is respected.