Write a will

It may sound macabre to think about death if you are about to bring or bring a new life into the world. But your most important goal is now to provide for the protection and the future of your family, and there is in addition to the necessary insurance and the provision to hold orders for a possible death. Because you can not only regulate financial aspects in your will, but also determine a person who should get the custody of your child, if something happens to you and your partner.

If you want a dear person to inherit your money and take care of your child, then you should write a will - that's easy, and anyone over the age of 18 and in their right mind can do it.

What happens if I die without a will?

If you die without having left a last will, then all your possessions will be divided according to the so-called legal inheritance (BMJ 2011). This means that the heirs get a share depending on their kinship - the closer they are related, the greater the share of the inheritance. One part goes to your children (possibly also from previous relationships), another to your parents. Spouses are not related, but are married, but are given special consideration. If you live together unmarried, your partner may run out of money.

With such a distribution, not all heirs are always happy and satisfied. Inheritance disputes and custody disputes therefore do not only exist in the film, they often occur in real life. It is therefore better if you explain in a will to all those involved, what you imagine - who should get what and who should take care of your children.

Do I have to be a notary for a will?

If you have no complicated issues to solve, you do not need a notary. Actually, you only need a pen and paper. The so-called Handwritten Testament has to meet the following requirements (Finanztipp 2008):

  • It must be written by hand (not on the PC)
  • It must be signed by you at the end (clearly legible, possibly with a full name
  • It must not violate a law

The following are helpful but not required:

  • Place and Date (Day, Month, and Year)
  • Your Full Name and Date of Birth

You Can New Testament at any time, it is always the will with the most recent date. Where you keep the will is all up to you. Of course, the heirs should be able to find it or know where it is. For security, you can deposit it in a bank box or at the district court, so it is not lost.

What does an authorship testament look like?

A Handwritten Testament may look something like this:

Testament by Britta Muster

Munich, 10th of January 2012

I, Britta Muster, born on June 17, 1985, currently residing at Gärtnerstr. 77 in Munich, determine as my last will the following: My entire fortune and everything I own should go to my husband Jürgen Muster.

[Signature]

A notarized will, which costs money and time, is only needed if you have

  • property abroad or live abroad
  • to inherit a property (the Land Registry becomes the notarial will or want to see the certificate of inheritance)
  • are entrepreneurs or self-employed and are worried about taxes
  • can not write or read
  • want to protect the will from loss, theft or forgery.
(Financial Tip 2008)

Could I make a joint will with my partner?

Only married people (or registered partners) can make a will, not unmarried couples. In the case of a joint will, it is sufficient for one of the spouses to handwritten and sign the will, while the spouse only countersigns.

Often, married couples make a so-called Berlin Testament. They use each other as sole heirs. The children inherit only when both parents have died. If one partner dies, the other one remains bound by the will - that is, he can no longer disinherit the children later (BMJ 2011). This can be unfavorable for tax purposes, because with larger fortunes it becomes expensive for the heirs.

Who cares about our children in our death? Of course, parents are worried about that, of course. If a partner dies, then it is clear: with married and divorced the other guardian gets the children. For unmarried, the partner gets the children only if he has custody.

If the case is not clear or both parents die, then the youth welfare office and the court decide. But you can also set up an order to whom you want to transfer custody. More about this can be found in our article: How to record the custody of your children in the will

In Austria, the custody of children is not inheritable, it is decided exclusively by the competent court of care. However, since it is decided in the child's best interests, a last will (testament or codicil) can help influence this decision-making process. The person you select must apply for custody after your death.

Sources

BMJ 2011. ""Heirs and Inheritances"" of the BMJ Download as PDF, Status: March 2012.

BFSFJ 2008. ""The Family Law"" of the BMFSFJ

Download as PDF, March 2012.

BLJ 2012. Bayrisches Landesjugendamt: ""Assistance.Curatorship. Guardianship ""Online version, as of: March 2012.

Financial tip 2008."" Types of wills and testamentary dispositions ""at www.financialtip.de, as of March 2008.

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