Will Property and Life Insurance Solely in My Name be Included in My Spouse’s Estate in Germany?

Question from Roberto, Will Property and Life Insurance Solely in My Name be Included in My Spouse’s Estate in Germany?

Answer from AI:

In general, the laws governing inheritance and estate division in Germany are complex and can be influenced by various factors, including the nature of the property, the marital regime, and the existence of a will. It’s important to consult with a legal professional for personalized advice. However, I can provide some general information on this topic.

Property Ownership

In Germany, the principle of “separation of property” applies. This means that property acquired by one spouse during the marriage remains the property of that spouse, even if the couple lives in a community of accrued gains. Therefore, if the condominium is solely in your name and you are the only one registered in the land register, it would typically not be included in your spouse’s estate upon their death.

Life Insurance Policy

The situation with the life insurance policy is similar. If the policy is solely in your name, it is generally considered your separate property. The payout from the policy would typically not be included in your spouse’s estate.

However, there are exceptions to these general rules. For example, if your spouse contributed to the purchase of the condominium or the payment of the life insurance premiums, they may have a claim to a portion of these assets.

Legal Share of Offspring

In Germany, children have a legal right to a portion of their deceased parent’s estate, known as the “compulsory portion” (Pflichtteil). This is typically half of what they would have received under the statutory rules of intestacy. However, the compulsory portion only applies to the assets that are part of the deceased parent’s estate. If the condominium and life insurance policy are not part of your spouse’s estate, they would not be included in the calculation of your children’s compulsory portion.

Consult a Legal Professional

Given the complexity of these issues, it’s strongly recommended that you consult with a legal professional who specializes in German inheritance law. They can provide personalized advice based on your specific circumstances.

For more information, you can refer to the German Civil Code (Bürgerliches Gesetzbuch) which governs matters of property and inheritance law in Germany.

Remember, this information is general in nature and should not be considered as specific legal advice.