Do I need a will?

This article describes the legal position under German law.

„Do I need a will?“ – most people only ask themselves this when something prompts it: buying a property, the birth of a child, marriage or starting a business. In most situations it is worth looking closely at whether statutory succession really matches your intentions – or whether a will is needed to avoid disputes, tax disadvantages and unplanned outcomes.

I. Starting points: single, married, children, property, business

Whether a will makes sense depends heavily on your circumstances. Typical constellations:

1. Single without children
   Statutory succession applies: parents and siblings inherit first, then more distant relatives. Anyone who would rather provide for close friends, a partner or particular causes needs a will.
2. Couples without children
   Without a will the surviving spouse does not automatically inherit „everything“, but regularly inherits alongside the deceased’s relatives (parents, siblings). That rarely matches the wish to provide for a partner in full.
3. Families with children
   Parents often assume „the children will sort it out fairly“. In practice, differing circumstances (a property, one child under financial pressure, a blended family) quickly lead to conflict without a will, because the law does not reflect a felt sense of fairness or family particularities.
4. Property owners
   If you own a house or apartment, communities of heirs frequently arise without a will. Several heirs must decide together – on use, sale, letting. That not infrequently leads to deadlock or forced sales.
5. Business owners and professionals
   Without a clear succession arrangement a business can be left unable to act: heirs disagree, banks become nervous, contracts have to be renegotiated. A will – often combined with company law arrangements – is particularly important here.

II. Statutory succession in outline

Where no will exists, statutory succession under the German Civil Code (BGB) applies. In simplified terms:

• First-class heirs are the children and their descendants.
• Second-class heirs are the parents and their descendants (siblings, nieces, nephews).
• Third-class heirs are the grandparents and their descendants, and so on.

The spouse inherits alongside relatives. The exact share depends on the matrimonial property regime (for example Zugewinngemeinschaft) and which class of relatives exists. Example: in the typical „married with children“ constellation the spouse usually inherits one half and the children share the other. That means the surviving partner suddenly co-owns assets and property together with their own children, with all the associated rights of consent.

III. Interim conclusion

Statutory succession is a „default programme“ not adapted to your personal situation. Anyone with clear intentions – providing for a partner, distributing between children, arranging business succession – should set them out actively.

IV. Common misconceptions about inheritance

1. „My partner automatically inherits everything.“
   Without a will that is generally untrue. The spouse usually shares the estate with children or other relatives. In unmarried relationships the partner has no statutory right of inheritance at all – without a will they inherit nothing.
2. „The children will inherit fairly by default.“
   The law divides by fixed shares, not by need or a sense of fairness. A child who cares intensively for their parents or lives in the family home is not automatically better placed. Without a will all children are equally entitled – however different their circumstances.
3. „We don’t need a will, there are no disputes in our family.“
   Disputes often only arise when someone dies – triggered by differing expectations, financial pressures (a loan, a child’s divorce) or the children’s new partners. A clear will can reduce conflict considerably.
4. „I can always make a will later.“
   A will can be made well into old age. In practice, though, illness or sudden events often prevent it – or lead to arguments about testamentary capacity.

V. Situations where a will particularly matters

1. Blended families
   Where there are children from different relationships, statutory succession often produces results nobody wanted: stepchildren receive nothing, the „wrong“ children become co-owners of property, the new partner is poorly protected.
2. Married couples with property
   If you want to ensure the surviving partner can stay in the house without having to fight children or in-laws over shares and payouts, you need a clear testamentary arrangement – a Berliner Testament, reversionary heirs, a legacy, an advance legacy or an executor.
3. Businesses, practices or shareholdings
   Business owners, professionals and shareholders should not leave succession to statutory rules. Without a will and coordinated company law provisions, the business risks paralysis, disputes among heirs and economic damage.
4. Unmarried couples
   Partners without a marriage certificate have no statutory right of inheritance. Anyone who wants to provide for their partner needs a testamentary disposition – a will or an inheritance contract.
5. Particular wishes
   Anyone who wants to provide especially for a particular person, support certain children more strongly, or include a foundation, charity or friends can only do so reliably by will or inheritance contract.

VI. Quick check: do you need a will?

Whether you actually need a will depends on your goals and your assets. A short, structured check usually clarifies it in a few points:

• Who would inherit under the law as it stands?
• Does that result match your wishes – particularly regarding your partner, children, property or business?
• Are there constellations likely to cause disputes or financial difficulty without a will?

If you are unsure whether statutory succession works for you, a short legal assessment is worthwhile. It avoids unpleasant surprises – and makes sure the people who matter to you are genuinely provided for.