Nachlass als Paar absichern: Gemeinschaftliches Testament: Diese Alternativen gibt es
Mehr Flexibilität oder eine stärkere Bindungswirkung gefällig? Das gemeinschaftliche Testament ist nicht die einzige Möglichkeit für Paare, ihren Nachlass zu regeln. Welche Optionen es noch gibt.
A joint testament allows married couples or registered life partners to mutually and bindingly insure one another - for example, in favor of the surviving spouse or later the shared children. However, it is far from being the only way to jointly regulate the estate. "The will is even more binding," says Henrike von Scheliha, a professor of family and inheritance law at Bucerius Law School in Hamburg.
One unilateral revocation during life, as possible with a joint testament, is not generally possible there, but only withdrawal from the contract or contesting the contract. Single wills offer greater flexibility but come with disadvantages. "Those who want to retain maximum flexibility often deal with two single wills instead," says Henrike von Scheliha.
In this case, both spouses could change something in their dispositions at any time, without the other party being aware of it, Ansgar Beckervordersandfort explains. "The disadvantage, however, is that the other spouse is never sure whether he or she is still being used as an heir by the other spouse," Beckervordersandfort adds.
This could be particularly awkward, for example, if one were co-owner of the family home and relied on being able to continue living there even after the partner's death.
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