Last Will & Testament To Pass Estate to Child

[berlinbare 0]

Does anyone have advice or can recommend where in Berlin I should go for it on inheritance planning and how I can create a will given my particular circumstances?

 

In broad brushstrokes I have a daughter who is 5 years old, and whose mum and I are divorced. I have an apartment which has a mortgage associated with it, and some modest savings policies including a UK private pension policy.

 

I'm worried that if the worst happens, according to the standard German rules on inheritance and given our patchwork set up, it would be quite unclear and potentially painful to resolve. So my main intent is just to make it all clear. Also, I'd likely leave most of my estate to my daughter, which I'd presumably need to do so in some sort of trust. How does that work in Germany given I am not married to her mum anymore?

[bluejoppo 14]

I think you can specify in a will that you wish the English law to have precedent and therefore leave it to who you wish. As your daughter she would inherit along with any spouse, followed by your parents etc. We have been looking into this recently ourselves as I have children from previous relationships and a child together. Obviously this all complicates things for us along with spouse not automatically inheriting without a will. 

[Guest]

English Private pension?... Good luck getting your money out of them... Cunts!

[arunadasi 7,073]

If you were to die intestate, in German law your child would inherit the lot. Your ex-wife would not inherit.
If you have other people you would like to leave something to, you must make a will and name them. 

 

I am not a lawyer.

[fraufruit 40,014]

There are loads of threads on wills and testaments if you would just do a search.

[jeba 4,164]

On 6.3.2020, 14:08:51, berlinbare said:

which I'd presumably need to do so in some sort of trust. How does that work in Germany given I am not married to her mum anymore?

If German law applies (EU - citizens can choose, but not sure if it applies to UK citizens anymore) you don´t need a trust. A handwritten piece of paper signed by you would be enough even if it was a piece of toilet paper (my uncle found himself disinherited by a sentence written on the back of an envelope). However, it´s still to be recommended you ask for professional advice from a lawyer or notary.