As the name suggests, the spouse will is a will can be written jointly by spouses. However, the spouse will generally also called joint will, is confined not only to spouses, but includes also registered life partnerships.
In the testament of the spouse is usually intended that as the spouse or registered life partner inherits the entire estate.
If children are present, these do not inherit first of all once. Mostly it is instead provided that the descendants only partners either received the estate as a whole after the demise of the bereaved as final or Mrs.. However, the children have the right to require the compulsory part even after the demise of the first partner.
As a general rule: If the spouse will at home and private writing is written, it must be written also by hand and by hand from the first to the last letter, otherwise it is invalid! One of the two partners can write the Testament by hand. He provides the document concludes with date, location and signature.
The other partner must also adopt the contents of the Testament, he could do so with this or a similar sentence:
“This is also my will.”
He must also finally confirm his text with signature, date and place. For more information on the spouse Testament, on our page “community will”. Here, we provide this information as a community or a spouse will can be changed or revoked. Our contribution “Berliner Testament” (a special form of the community Testament) may also be helpful.
Spouse Testament: What do reserved portion claims to the children mean?
The children you can either provide a replacement for the lost heritage or incorporate a clause which ensures that they note the spouse will also without replacement payments. For more information about the reserved portion see also here.
Note Please also refer to our free template:
- “One of our children, asking his compulsory portion to the surviving spouse, receives the also only the compulsory portion at the demise of the last but not least death ends from us.”
- This is a reserved portion penalty clause, which should deter beneficiaries from their demands.
- If it is however great fortune, rather, try to do a deal with the children in advance through a waiver. Because the probability that a child demands a large sum despite penalty clause that is still relatively high.
Bottom line: If you want to avoid inheritance, you should not avoid your Testament formulations on the advice of a lawyer. There it is not free, but good advice may be worth once.