When people get married, in most cases love takes centre stage. Financial matters are usually neglected. Nevertheless, you should also think about this and make provisions.
A common misunderstanding already exists with regard to the matrimonial property regime. After marriage, each spouse remains the owner of his or her own assets; in Germany, there is no community of property by law. The spouses are also not liable for each other's debts. However, something else can be agreed in a marriage contract. A marriage contract is therefore a contract that regulates the spouses' marital and, in some cases, post-marital relationships.
An inheritance contract, on the other hand, regulates what happens to a person's assets upon their death. Several parties can commit to certain actions, e.g. waiver of inheritance, appointment of heirs and bequests. We have already written about inheritance contracts a contribution written.
Marriage contracts and their effects on inheritance law
If you wish to agree on a matrimonial property regime other than the statutory one, you should be aware that this also has an impact on inheritance law. The effects can be seen in the inheritance quota as well as in tax law, for example.
Statutory matrimonial property regime: community of accrued gains
In the statutory matrimonial property regime of community of accrued gains, the surviving spouse receives a quarter of the estate in addition to the deceased's children and half of the estate in addition to the deceased's parents, Section 1931 (1) BGB. This inheritance share is increased by a quarter if the spouses lived under the community of accrued gains regime.
Under tax law, it must be taken into account that the surviving spouse has a higher tax-free allowance if the spouses lived in a community of accrued gains, § 5 ErbStG.
Separation of property
The situation is different if the spouses have contractually agreed to separate property. In this case, the spouse and the deceased's children inherit equal shares, but the spouse receives at least one third, Section 1931 (4) BGB. He or she is therefore in a worse position under inheritance law. This is also reflected in inheritance tax law. Spouses who have lived under the separation of property regime are not entitled to a higher tax-free amount. If you have any questions, your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk, will be happy to help.