What is an inheritance contract?
If the testator wishes to make a last will and testament, there are several options available to them. For example, they can draw up an individual will (Section 2247 BGB). However, if the testator only wishes to make a disposition if they receive something in return from a person, they can conclude an inheritance contract with this person. Another option would be a joint will. However, this option is only available to spouses and registered partners.
Can an inheritance contract be revoked?
In an inheritance contract, the testator can make unilateral and so-called contractual dispositions. Contractual dispositions can be legacies, bequests, conditions and the choice of law, Section 2278 (2) BGB. In principle, contractual dispositions are already binding during the testator's lifetime, whereas reciprocal dispositions in a joint will are still freely revocable during the lifetime of the spouses in accordance with Section 2271 (1).
Separation from the inheritance contract is only possible in accordance with §§ 2290 ff. BGB (German Civil Code). The contract of inheritance or individual contractual dispositions can be cancelled by the persons who concluded it by means of a contract. The cancellation agreement must then be notarised (Sections 2290 (4), 2276 (1) BGB). After the death of one of the parties to the contract, the inheritance contract can no longer be cancelled in accordance with Section 2290 para. 1 sentence 2 BGB.
Exceptions to the principle of irrevocability are avoidance and cancellation of the inheritance contract. The inheritance contract can be rescinded if a right of rescission has been contractually agreed (Section 2293 BGB), as well as in the event of serious misconduct on the part of the beneficiary (Section 2294 BGB) or if the beneficiary's counter-obligation is cancelled (Section 2295 BGB).
What can the testator do with his or her assets after concluding the inheritance contract?
After concluding the contract of inheritance, the testator cannot make any other testamentary dispositions that affect the contractual heir, Section 2289 (1) sentence 2 BGB. In other words, the testator cannot appoint other heirs or make other provisions if this affects the legal position of the contractual heir.
However, the testator can make gifts of their assets during their lifetime, Section 2286 BGB. However, the gifts made must not have been made with the intention of impairing the contractual heir. Such gifts made with the intention to impair can be reclaimed by the contractual heir from the donee after the death of the testator, Section 2287 BGB. To Gifts with intent to impair we have already written an article on this topic. If you have any further questions, please contact your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk.