What Rights Do I Have if I Am Included in the Will?

Being named in a will as a beneficiary is a deeply meaningful acknowledgment, reflecting the deceased's intention to entrust you with their wishes and assets. If your German partner has included you in their will, it’s essential to understand your rights and the steps you can take to honor their legacy. Here's an overview based on German inheritance law:

As a beneficiary, you have the right to inherit the assets, property, or personal belongings specified in the will. These may include real estate, financial accounts, or cherished items. If an executor is appointed to carry out the will’s instructions, they are legally obligated to ensure that the wishes of the deceased are fulfilled. You have the right to expect transparency and fairness in how the estate is distributed.

You can request detailed information about the estate, including its assets, liabilities, and the management process. If you believe the executor or others involved are not acting in accordance with the will, you have the right to challenge any irregularities, including cases of fraud, mismanagement, or undue influence. In such situations, you can seek legal recourse to contest the validity of the will or actions taken.

Once the probate process is completed, you are entitled to legal ownership of the assets bequeathed to you. This might involve transferring property titles, gaining access to financial accounts, or handling other administrative matters. However, inheritance in Germany includes both assets and liabilities. If the debts exceed the value of the estate, you have the option to disclaim the inheritance within six weeks, protecting yourself from financial burdens.

Under German law, specific family members, including spouses and children, may have a right to a mandatory share of the estate. This right applies even if the will seeks to exclude them. If disputes arise, you can participate in mediation or legal proceedings to resolve conflicts, ensuring that the estate is distributed fairly and harmoniously.

If you suspect that assets have been overlooked or misrepresented, you can request a formal estate inventory, which provides a comprehensive overview of all assets and liabilities. Even in cases where the will is contested, you have the right to pursue your share through legal channels. Courts will assess the validity of the will and determine the appropriate distribution.

To protect your rights, it is important to file a copy of the will with the probate court as soon as possible. Consulting an inheritance lawyer can help ensure that your rights are upheld, especially in complex or contested cases. Keeping detailed records of all communications and acting promptly to meet any deadlines under German law are essential steps.

By understanding your rights and taking these actions, you can ensure that your loved one’s final wishes are honored, and their legacy is preserved with respect and care