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When your partner passes away without a will, the inheritance is divided according to the rules of legal succession (intestate succession) in Germany. As the spouse, your share of the estate depends on the marital property regime and the number of children involved. Here's a detailed breakdown of how the inheritance is divided:&nbsp; 1. Legal Succession: Spouses and Children as Primary Heirs 1.1 Spouses and Children Share the Estate In the absence of a will, both the surviving spouse and the deceased’s children are considered primary heirs. Together, they inherit the entire estate, with the division based on the rules of the marital property regime and the number of children.1.2 Children's Equal Shares All children, regardless of whether they are from the same or different relationships, inherit equally. Adopted children are treated the same as biological children under German law.&nbsp; 2. The Spouse’s Share: Influenced by the Marital Property Regime 2.1 Community of Accrued Gains (Zugewinngemeinschaft) This is the default marital property regime in Germany unless otherwise agreed upon:The spouse inherits 50% of the estate. The remaining 50% is divided equally among the children. Example:Estate: €300,000 Spouse: €150,000 2 Children: €75,000 each 2.2 Separation of Property (Gütertrennung) If you and your partner agreed to this regime in a marriage contract:The spouse and children inherit equal shares. Example:Estate: €300,000 Spouse: €100,000 2 Children: €100,000 each 2.3 Community of Property (Gütergemeinschaft) In this less common regime, the surviving spouse may inherit a larger portion, as the marital property is jointly owned. Specific calculations depend on the terms of the agreement.&nbsp; 3. Division in the Absence of Marriage If you were not married to your partner, you do not inherit automatically under German law. The entire estate is divided equally among the children. However, you may have claims or entitlements in the following cases:Joint assets: If you jointly owned property or savings, your share remains with you, and only your partner's share is part of the estate. Contributions to wealth: You may be able to claim compensation for significant contributions to the deceased’s assets, such as renovations on a shared home. &nbsp; 4. Practical Scenarios for Spouse and Children 4.1 Scenario 1: One Child The estate is divided between the spouse (50%) and the child (50%).Example:Estate: €200,000 Spouse: €100,000 Child: €100,000 4.2 Scenario 2: Two or More Children The spouse retains 50%, while the remaining 50% is split equally among the children.Example:Estate: €400,000 Spouse: €200,000 2 Children: €100,000 each 4.3 Scenario 3: Stepchildren Stepchildren (your partner’s children from a previous relationship) are treated as equal heirs under German law. However, your own children from a different relationship do not inherit from your partner unless they were adopted.&nbsp; 5. How Debts Affect the Inheritance If the estate includes debts, these are subtracted from the total value before the division:Example:Estate: €300,000 Debts: €100,000 Net estate: €200,000 Spouse: €100,000 2 Children: €50,000 each You also have the right to reject the inheritance if the debts exceed the assets.&nbsp; 6. Special Rights for the Spouse 6.1 Right to the Marital Home As the spouse, you may have a legal right to remain in the marital home. This right can be protected even if the home is part of the estate shared with the children.6.2 Household Effects You are entitled to keep household items such as furniture, appliances, and personal belongings. These are often excluded from the estate division.6.3 Widow’s Pension You may qualify for a widow’s pension or other benefits, which are separate from the inheritance and do not affect the division of the estate.&nbsp; 7. Steps to Take as the Spouse 7.1 Verify the Marital Property Regime Understand which property regime applies to your marriage, as this significantly impacts your share.7.2 Secure Joint Assets Ensure that joint accounts or property are properly documented to protect your portion.7.3 Consult an Inheritance Lawyer Inheritance cases with multiple children or stepchildren can be complex. Professional advice can help ensure your rights are fully protected.&nbsp; 8. Conclusion The division of inheritance between a spouse and children depends on the marital property regime, the number of children, and the specific assets involved. As the spouse, you have significant rights but may face complexities, especially if the deceased had children from previous relationships. Understanding your legal position and acting promptly ensures your fair share of the inheritance while minimizing disputes.

How Is the Inheritance Divided Between Me and My Partner’s Children?

When a loved one passes away without a will, the legal succession (intestate succession) determines how their estate is divided. As a spouse or partner, your rights depend on several factors, including your marital status, the property regime you shared, and whether children or other relatives are involved. Here’s a detailed overview of your rights under German inheritance law.&nbsp; 1. Rights of a Legally Married Spouse 1.1 Priority as an Heir As a legally married spouse, you are among the first in line to inherit, sharing the estate with the deceased’s children or, in their absence, other relatives such as parents or siblings.1.2 Inheritance Share Your share of the estate depends on the marital property regime:Community of Accrued Gains (Zugewinngemeinschaft): The most common regime in Germany. You inherit 50% of the estate, with the remaining 50% divided among the children. Separation of Property (Gütertrennung): If this regime applies, you typically inherit one-third of the estate, with the remainder divided among other heirs. Community of Property (Gütergemeinschaft): In this rare case, you may inherit a larger portion or the entire estate, depending on the agreement. 1.3 Special Rights to the Marital Home If you shared a home with the deceased, you may have a legal right to remain in the marital home. You can also request the court to allocate this property to you, even if it forms part of the estate.&nbsp; 2. Rights as an Unmarried Partner 2.1 No Automatic Inheritance Rights If you were not legally married, German inheritance law does not grant you any automatic inheritance rights. The entire estate is distributed among the deceased’s legal heirs, such as children, parents, or siblings.2.2 Possible Claims You may still have a claim if:You were financially dependent on the deceased. You made significant contributions to building the deceased’s wealth. In such cases, you might pursue compensation or a claim for unpaid financial contributions (e.g., loans or investments in shared property). 2.3 Assets Outside the Estate If the deceased named you as a beneficiary in a life insurance policy, retirement fund, or joint account, these assets bypass the estate and go directly to you.&nbsp; 3. Special Inheritance Rights for Spouses 3.1 Pension Entitlements As a spouse, you may qualify for a widow’s pension under German law. This is separate from the inheritance and does not affect your share of the estate.3.2 Household Effects You have the right to retain household items and personal belongings from the shared home. This is often separate from the formal inheritance process.3.3 Adjustments for Debts If the estate includes significant debts, you can reject the inheritance within six weeks of being informed. This prevents you from being liable for more debts than assets.&nbsp; 4. How Is the Estate Divided Among Heirs? 4.1 With Children If there are children, the estate is split between you and them:You receive 50% of the estate in Zugewinngemeinschaft. The remaining 50% is divided equally among the children. 4.2 Without Children If the deceased had no children, you share the estate with their parents or siblings:You receive 75% of the estate if the deceased’s parents are alive. If no parents or siblings exist, you inherit the entire estate. &nbsp; 5. Steps to Secure Your Rights 5.1 Verify Marital Status Ensure you have legal documentation proving your marriage, such as a marriage certificate, especially if you were married abroad.5.2 Request an Inventory You can demand an official inventory of the estate to assess its value and liabilities. This helps you decide whether to accept or reject the inheritance.5.3 Secure Assets Take steps to secure shared assets, such as freezing joint accounts or registering your claim to the marital home.5.4 Consult a Lawyer An inheritance lawyer can guide you through the legal process, especially if disputes with other heirs arise or the estate includes international assets.&nbsp; 6. Conclusion As a spouse, German inheritance law provides you with significant rights under the legal succession, prioritizing your financial security. However, unmarried partners face more challenges and should take proactive steps to protect their interests. Understanding your rights and acting quickly ensures you receive your fair share while avoiding potential liabilities.

What Rights Do I Have as the Spouse or Partner Under the Legal Succession?

1. Understanding Legal Succession in Germany 1.1 Legal succession, also known as intestate succession, determines how a deceased person’s estate is distributed when no valid will is in place. In Germany, this process is strictly governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and prioritizes close family members.1.2 As a spouse or partner, your inheritance rights depend on your marital status, the presence of children, and the specific assets in question.&nbsp; 2. Who Inherits First Under Legal Succession? 2.1 Spouse and Children The deceased’s children and spouse are the primary heirs. The estate is divided between them, with the spouse receiving a larger share if married under the community of accrued gains (Zugewinngemeinschaft), the default marital property regime in Germany.2.2 Parents and Siblings If the deceased has no children, the next in line are their parents and siblings. The surviving spouse will share the inheritance with these relatives.2.3 More Distant Relatives In the absence of children, parents, or siblings, more distant relatives such as grandparents or their descendants may inherit.2.4 The State as the Last Resort If no relatives can be identified, the estate ultimately goes to the state.&nbsp; 3. The Spouse’s Share in Legal Succession 3.1 Marriage and Property Regime The spouse’s share depends on the marital property regime:In community of accrued gains (Zugewinngemeinschaft), the spouse typically inherits 50%, with the other 50% going to the children. In other property regimes, such as separation of property (Gütertrennung), the division may differ, often resulting in equal shares between the spouse and children. 3.2 No Marriage If you were not legally married to your partner, you generally have no automatic inheritance rights under German law, unless specifically included in a will.&nbsp; 4. How Is the Estate Divided Among the Spouse and Children?4.1 With One Child The estate is divided equally between the spouse and the child. For example, in the Zugewinngemeinschaft, the spouse receives 50%, and the child gets 50%.4.2 With Multiple Children The spouse retains 50% of the estate, while the remaining 50% is divided equally among all children.&nbsp; 5. Rights to Specific Assets 5.1 The Marital Home If the marital home was jointly owned, you might have rights to continue living there. German law allows for an application to the court to secure the marital home, even if it technically becomes part of the estate.5.2 Joint Bank Accounts Funds in joint accounts may not automatically belong entirely to you. The deceased’s share typically forms part of the estate.5.3 Pensions and Insurance Policies You may be entitled to a widow’s pension or other benefits, which are separate from the inheritance.&nbsp; 6. Intestate Succession and Debts 6.1 When inheriting under legal succession, you also inherit the deceased’s debts. You can, however, choose to:Accept the inheritance as is. Reject the inheritance if debts outweigh assets, within six weeks of becoming aware of the inheritance. &nbsp; 7. Steps to Take as the Surviving Partner 7.1 Establish Your Rights Gather documentation proving your marital status or relationship. This may include marriage certificates, joint property deeds, or other shared financial records.7.2 Identify the Heirs Work with a lawyer or executor to identify all legal heirs and establish the division of the estate.7.3 Handle Debts and Claims Assess the estate’s liabilities carefully to decide whether to accept or reject the inheritance.&nbsp; 8. What to Do If You Were Not Married? 8.1 If you were not married, you do not have automatic inheritance rights. However, you may:Claim compensation if you contributed significantly to building your partner’s wealth. Explore whether you were named in insurance policies, pensions, or other financial instruments. &nbsp; 9. Seeking Legal Advice 9.1 Legal succession can be complex, especially when multiple heirs are involved. Consulting with a lawyer specializing in inheritance law can help ensure your rights are fully protected and disputes with other heirs are minimized.&nbsp; 10. Conclusion Legal succession in Germany provides a clear framework for distributing estates when no will is in place. As a spouse or partner, understanding your rights and the process is crucial to securing your inheritance. If you are not married, planning ahead with your partner is essential to avoid complications and ensure financial security.

How Does the Legal Succession Work If My Partner Did Not Have a Will?

An estate inventory (Nachlassaufstellung) is a crucial document in inheritance law, as it provides a detailed overview of the deceased’s assets and liabilities. It is the foundation for calculating inheritance taxes and determining mandatory shares (Pflichtteilsansprüche). However, understanding what belongs in the estate and what does not is essential to ensure accuracy and compliance with legal requirements.&nbsp; 1. Items That Belong in the Estate Inventory 1.1 Assets Owned by the Deceased<ul><li>Bank Accounts: Balances on all accounts, including checking, savings, and investment accounts. </li><li>Real Estate: Properties owned by the deceased, including their market value at the time of death. </li><li>Personal Property: Valuable items such as jewelry, vehicles, furniture, and artwork. </li><li>Securities: Stocks, bonds, and other financial instruments. </li><li>Cash: Any cash holdings left by the deceased. </li><li>Business Interests: Shares in companies, partnerships, or sole proprietorships.</li></ul> 1.2 Claims and ReceivablesOutstanding loans owed to the deceased by third parties. Pending claims for unpaid salaries, pensions, or other entitlements. 1.3 Life Insurance and Pension Payouts<ul><li>With no designated beneficiaries: Life insurance proceeds are part of the estate if the deceased did not name specific beneficiaries. </li><li>Private pensions: If not assigned to a beneficiary, they also belong to the estate. </li></ul>1.4 Liabilities<ul><li>Debts: Loans, credit card balances, and other outstanding financial obligations. </li><li>Funeral Expenses: These are deductible liabilities, as they are considered part of the estate's obligations. &nbsp; 2. Items That Do Not Belong in the Estate Inventory 2.1 Direct Claims of Survivors</li></ul>Widow’s and Orphan’s Pensions: These are separate social benefits paid directly to surviving dependents and are not part of the estate. Life Insurance with Named Beneficiaries: Proceeds go directly to the designated beneficiaries and bypass the estate. Occupational Pensions (bAV): Survivor benefits from occupational pensions are separate from the estate. 2.2 Third-Party AssetsJointly Owned Property: Only the deceased’s share of jointly owned property is included. Trust Assets: If the deceased was a trustee, the trust assets do not form part of the estate. 2.3 Non-Transferable RightsPersonal rights, such as claims for damages due to pain and suffering, generally expire upon the individual’s death. &nbsp; 3. Why Accurate Classification Matters3.1 Inheritance Taxes The estate inventory determines the taxable value of the inheritance. Items included in the estate are subject to inheritance tax, while those excluded, such as life insurance proceeds paid to a named beneficiary, are not.3.2 Mandatory Shares (Pflichtteilsansprüche) The estate inventory directly affects the calculation of mandatory shares. Mandatory heirs, such as children or spouses, are entitled to a portion of the estate. Including items that do not belong in the estate could inflate the calculated shares, leading to disputes or overpayment.3.3 Avoiding Legal Disputes An inaccurate inventory can result in legal challenges from heirs, creditors, or tax authorities. Proper documentation ensures transparency and prevents unnecessary conflict.&nbsp; 4. Preparing the Estate Inventory 4.1 Valuation of Assets All assets must be appraised at their fair market value at the time of death. This includes real estate, securities, and personal property.4.2 Detailed Documentation The inventory must include supporting documents, such as property deeds, bank statements, and loan agreements.4.3 Liability Assessment Debts and obligations should be listed in detail, including documentation such as loan contracts and unpaid bills.5. Conclusion The estate inventory is the cornerstone of inheritance management, influencing both taxation and the distribution of mandatory shares. It is essential to include all assets and liabilities that legally belong to the estate while excluding items such as pensions or life insurance proceeds designated for specific beneficiaries. Proper preparation and legal guidance ensure compliance with tax laws, fair distribution among heirs, and the avoidance of disputes.

What Should Be Included in the Estate Inventory and What Should Not?

<h3> 1. Introduction to Occupational Pensions</h3> 1.1 In addition to the statutory pension scheme, occupational pensions (bAV) play a significant role in securing financial stability during retirement. When a German man passes away, the question arises whether his widow or children can claim benefits from his occupational pension.1.2 Unlike the statutory pension system, occupational pensions are supplementary benefits based on an agreement between the employee and the employer. They are governed by specific legal provisions, particularly concerning survivor benefits.<h3>2. Survivor Benefits from Occupational Pensions</h3> 2.1 The eligibility to claim benefits from an occupational pension depends on the specific conditions outlined in the pension contract. Many bAV agreements include survivor benefits, either explicitly stated or automatically embedded in the plan.2.2 Widows and orphans can often claim survivor pensions or a one-time lump sum payment. However, these benefits are only available if the contract provides for such coverage.<h3>3. Eligibility Criteria for the Widow</h3> 3.1 The marriage must have been legally valid at the time of the husband’s death. A divorced spouse typically has no claim unless the pension contract includes a specific exception.3.2 The deceased must have accumulated pension entitlements through the bAV or already begun receiving pension payments. If the death occurs before retirement, the amount of the benefits will depend on the contributions made up to that point and the terms of the contract.3.3 In some cases, the widow's entitlement may be limited in duration or subject to additional conditions, such as not remarrying.<h3>4. Entitlements for Children</h3> 4.1 Children of the deceased may also be eligible for an orphan’s pension under the bAV, provided the contract allows for it. As with the statutory pension, this entitlement typically ends when the child turns 18 but may extend until age 27 if the child is in education, training, or a similar situation.4.2 Children from previous marriages and adopted children have the same rights as biological children, as long as they are recognized as dependents under German law.<h3>5. Contractual and Tax Implications</h3> 5.1 The scope of benefits and eligibility for survivors heavily depends on the individual terms of the occupational pension contract. While some bAV agreements do not provide survivor benefits, others offer comprehensive coverage for widows and orphans.5.2 Benefits from occupational pensions are subject to income tax. For survivors living abroad, such as in Thailand, additional considerations under double taxation agreements may apply.<h3>6. Application Process and Required Documentation </h3>6.1 The widow or eligible children must apply for bAV benefits through the deceased’s employer or the relevant pension provider.6.2 Typically required documents include:<ul><li>Death certificate </li><li>Marriage certificate (translated and legalized if issued in Thailand) </li><li>Birth certificates of children </li><li>Evidence of the occupational pension contract 6.3 It is essential to review the specific terms of the bAV contract thoroughly and seek legal advice if there are any uncertainties about the claims.</li></ul><h3>7. Conclusion </h3>7.1 An occupational pension can be a valuable source of financial support for widows and orphans, but the entitlements depend on the individual contract’s terms.7.2 It is crucial to review the deceased’s contract carefully and promptly file the necessary applications. Assistance from professionals or experienced advisory services can help claim the benefits effectively, ensuring financial security for the survivors.

Claiming Occupational Pension Benefits After the Death of a German Husband

Claims from occupational pensions (bAV) do not directly affect mandatory inheritance shares because they are not considered part of the estate. These claims fall outside the scope of inheritance law and therefore do not influence the calculation of the estate. Below is an explanation of why this is the case and its practical implications for the division of inheritance.<h3>1. Occupational Pensions and the Estate</h3> 1.1 Benefits from occupational pensions, such as survivor’s pensions or one-time capital payments, are based on a contractual agreement between the deceased employee and the pension provider (e.g., the employer or a pension fund). These claims are not part of the inheritance and are therefore excluded from the estate.1.2 The estate includes only the assets left behind by the deceased, such as bank balances, real estate, or personal belongings. Social security benefits or claims from an occupational pension, which are paid directly to survivors, are separate from the estate.<h3>2. Mandatory Shares and the Impact of Occupational Pensions</h3> 2.1 The mandatory share is a legal minimum entitlement to the estate that is granted to close relatives (e.g., children or the spouse) if they are disinherited or receive less than their statutory share.2.2 Since benefits from occupational pensions are not part of the estate, they are not included in the calculation of the mandatory share. This rule applies regardless of the amount paid through the occupational pension.2.3 In practice, this means that the widow and children can claim both the occupational pension benefits and their mandatory share of the estate without these amounts influencing each other.<h3>3. Example for Clarity</h3> A German man leaves an estate worth €300,000. Additionally, his occupational pension provides a survivor’s pension of €1,000 per month for his widow and €500 per month for his two children (€250 each).Estate Calculation: The estate only includes the €300,000, excluding the occupational pension benefits. Children’s Mandatory Share: If the widow receives half of the estate (€150,000), the remaining €150,000 is shared between the two children. Each child’s mandatory share is 12.5% of the estate, amounting to €37,500. Occupational Pension Benefits: The widow and children also receive the pension payments from the occupational pension, which are independent of their mandatory share. The occupational pension benefits increase the family’s overall financial resources but are excluded from the estate distribution and the calculation of the mandatory share.<h3>4. Tax Implications</h3> 4.1 Benefits from occupational pensions may be subject to income tax, while the mandatory share may be subject to inheritance tax. These tax obligations are considered separately.4.2 It is essential to evaluate the tax implications of both the occupational pension benefits and the mandatory share, particularly if international regulations, such as the double taxation agreement between Germany and Thailand, are applicable.<h3>5. Conclusion</h3> Claims from occupational pensions are not part of the estate and do not influence the mandatory share. They provide additional financial support to survivors and are paid independently of the inheritance process. This ensures that beneficiaries have an extra source of income without compromising their statutory inheritance rights. For clarity and to optimize claims, seeking legal and tax advice is strongly recommended.

Do Claims from Occupational Pensions Impact the Estate and Mandatory Shares?

Thai German - Heritage Assistance

We are here to support women in Thailand whose German partner has sadly passed away. With care and dedication, we take over the complete settlement of the estate, so you don’t have to face this challenging time alone. Our service is entirely risk-free: reaching out to us and having your case reviewed costs nothing. You only contribute a small portion of the inheritance – and only if we succeed in helping you.

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How Is the Inheritance Divided Between Me and My Partner’...

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