❗️Einleitung
As I found out in my question a few days ago, there is a lot of interest in this topic here. As I was able to find some time in between at Easter, here it is.
In my opinion, younger people in particular are often not well prepared, or not prepared at all, for situations such as sudden death or an event that renders them unable to make important decisions about their own lives. Of course, these are events that are often far away. Moreover, the thought of one's own death is not particularly pleasant. Nevertheless, I think it is important to deal with it so that your own wishes are respected as best as possible. This often doesn't take much time.
I would like to point out in advance that, based on my knowledge, I generally assume that this is correct and want to keep it as simple as possible. However, there is no guarantee of completeness here. I would also like to point out that I am not a legal advisor, so everyone is responsible for themselves.
❗️Vorsorge for a situation in which you can no longer decide for yourself
Imagine the following situation: Person X has a serious car accident. He survives seriously injured and is now placed in an induced coma. As X is unable to make decisions about his affairs due to his (temporary) incapacity, someone else has to do this. But who?
Many people assume that this is automatically done by the wife or parents. This is wrong. If X has not made any arrangements, a court-appointed guardian must be appointed. Although this can also be done by a relative, it takes some time, may cost money and means a lot of paperwork with the court for the relative. In addition, the caregiver may have to account for all the expenses they have incurred on behalf of the person being cared for and provide invoices.
To prevent this, X could determine in advance who can represent him in such cases and how his wishes are to be taken into account. There are several ways to do this: Care directive, living will or health care proxy. As the health care proxy is the complete package, so to speak, it will be discussed in more detail.
❗️ Healthcare proxy:
This allows you to determine who makes decisions on your behalf. All areas of responsibility can be specified separately, for example health matters or residence. If the authorized representative is to carry out real estate transactions, it is advisable to issue a notarial power of attorney. In other cases, it is perfectly sufficient to download the template from the BMJV and fill it out (see here: https://www.bmj.de/SharedDocs/Downloads/DE/Service/Formulare/Vorsorgevollmacht.html). Filling this out takes less than 5 minutes, but saves relatives a lot of time. It would also be possible to register this power of attorney in the register of powers of attorney (vorsorgeregister.de) for a small fee so that the power of attorney can be found if the worst comes to the worst.
It is also important to mention that the power of attorney should be granted to someone you trust. As the authorized representative can carry out many actions without control, this provides scope for fraud and embezzlement.
❗️Nachlassplanung
It should be said in advance that it is important to always review and, if necessary, amend your own estate planning in the event of changing life circumstances.
In my opinion, estate planning is important so that one's own will is respected in the best possible way and thus disputes in the family environment can be avoided.
1 Who decides what I inherit?
If no instructions have been made, the inheritance is governed by the provisions of Sections 1922 et seq. BGB. In the case of a testator with a child and wife (statutory matrimonial property regime), for example, this results in a share of ½ of the estate for each.
However, it is possible to make your own arrangements. This can be done, for example, in an individual will, a spouse's will or an inheritance contract.
2 How do I write a will?
It is important to comply with the formal requirements (§ 2247 BGB). So: handwritten (not!! printed out), date, place, signature with first name and surname. In addition, testamentary capacity (= legal capacity) must be present at the time. A will can also be drawn up with a notary, who will then deposit the will with the local court. If it is a joint will between spouses, it is sufficient for one of them to write the will and the other to co-sign it. This can also be drawn up by a notary. The price of a notarized will depends on the amount of assets, but can quickly run into four figures.
3 What does it say?
The heirs are named in the will. As precisely as possible with surname, first name, date of birth and possibly also the place of residence. Quotas can be allocated (not a must, in case of doubt it applies that the appointment has been made in equal shares). Withdrawals of compulsory portions are generally not possible. In addition, an executor could be appointed to ensure that the instructions are enforced.
4 And then?
Once the will has been drawn up, it should be kept in a safe place. Of course, it makes no sense to hide the will under the carpet. It should be stored in a place where it can be found by the heirs. If a will is found, they are obliged to send it to the probate court. It will then be "opened" at the relevant probate court and if the heirs require a certificate of inheritance (for example, to gain access to a deposit), the heirs must apply for a certificate of inheritance.
That's all it really is. As I want to keep it simple and don't want to give a lecture on inheritance law (I certainly couldn't, as a few years have passed since my studies), I'll leave it at that.
In some family constellations, it would certainly be too complicated for a layperson to draw up a will by hand, so in these cases I would always refer them to a notary. They will provide guidance and legal advice during the notarization process.
If there are any questions, I will be happy to try to answer them.
I have done my part. Now it's your turn (who haven't made any arrangements yet). Hopefully I have been able to encourage some of you to take care of these things.
