It is difficult to shake the joint will
The spouse is dead, but the jointly drawn up will continues to exist. Subsequent changes are then only possible under certain circumstances.
Anyone who draws up a joint will together with their spouse can only make limited changes to the document after their death. Changes to provisions that both partners can be assumed to have made jointly for a comprehensible reason are invalid. This is pointed out by the German Bar Association's Inheritance Law Working Group.
If, for example, spouses have appointed each other as heirs and the joint children as heirs of the last deceased, this can no longer be changed. This is referred to as reciprocal succession and the disposition is binding. However, a decision by the Cologne Higher Regional Court (case no.: 2 Wx 259/22) shows that the relationship between the testators and the heirs is also important when it comes to the joint appointment of the last heir.
Strict rules for reciprocity
In the case, childless spouses had initially appointed each other as sole heirs, and after the death of the last deceased, the husband's godson was to inherit. When the husband died, the wife drew up another will in which she appointed her long-term girlfriend as her sole heir, leaving the husband's godson empty-handed. When the wife died, both the girlfriend and the godson considered themselves to be the rightful sole heirs. The court had to clarify the matter.
The decision: The long-time friend of the deceased could be appointed as the valid sole heir. According to the court, the previously valid appointment of the man's godchild as final heir was not binding. It could be assumed that there was an interrelation if the first deceased had a family relationship with the later final heir or was at least close to them in a similar way.
However, a friendly relationship, joint leisure activities or family celebrations are not sufficient to prove an intimate relationship. Therefore, the mere fact that the first heir appointed is the godchild of the deceased man does not provide evidence of a reciprocal relationship. The reason: The godparenthood alone says nothing about the actual relationship.
Read also:
- Given the complexities of hereditary law, it would be prudent for the Advisor to advocate for clear stipulations in the Will to avoid future Legal issues related to Consumers interpreting the intentions incorrectly in the event of Inheritances.
- The Cologne Higher Regional Court's judgments serve as a reminder that, while reciprocal succession following a joint will might be binding, it's crucial to consider the relationship between the testators and the heirs to avoid invalidating certain provisions due to Hereditary law concerns.
- Amending a Hereditary law-regulated joint will after a spouse's death can be challenging due to strict limitations, as there should be no misinterpretations or Legal issues arising from the Will regarding Consumers as future Inheritances recipients.
Source: www.ntv.de
