The separation year – necessity, benefits & reconciliations

The separation year is intended to give spouses one last chance for reconciliation and enough time to think about this life-changing decision. The law provides many guidelines here that couples must adhere to. Lukinski’s experts reveal exactly how the separation year works and how couples can make the divorce process the easiest. Common issues in divorce are mainly:

• How soon can you file for divorce?
• How soon can you get divorced again?
• How much does the divorce cost?
• What all do you need for the divorce?

You can find all the answers a little further down the article!

• Tip! Newly separated? Our guide with tips on sellinga house and apartment in the event of divorce

The basis – Why a year of separation at all?

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even though the separation year is seen by many married couples as harassment or a pure burden, the intention behind the regulation is clear, to review and possibly revise the decision in the given time. In addition, the time is useful to take care of some matters that are important for the divorce process going forward. Although there is a requirement to prove that the separation year has been completed, it is not possible to apply to the court for the start of the year or have it notarised. It therefore makes sense to record the beginning in writing.

A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example of such a decision can be extreme domestic violence, which the court classifies as undue hardship.

• The separation year should be considered as a reflection period for the couple
• The shortening of the year of separation is only permitted in special cases.

Attempts at reconciliation – the guidelines in the law

Attempts at reconciliation during the separation year are certainly permitted. However, these are subject to certain guidelines. Attempts at reconciliation that do not last longer than three months do not lead to an interruption of the separation year. The time during which the separation was interrupted therefore counts towards the 12 months of the separation year. For any attempts beyond three months, the family court will assume that the couple have reconnected. The couple also has the option of withdrawing the divorce petition themselves within this year. If the divorce is still to be carried out after this period, a new petition for divorce must be filed and the separation year starts all over again.

• Attempts at reconciliation are permitted, but are subject to certain guidelines
• Reconciliations of less than three months do not interrupt the separation year

The benefit – this is what you should arrange in the year

The separation year should not only be used to review the right decision, but can also be used to arrange important things for the divorce. These things include, for example, insurance. In particular, health insurance should be rewritten and amended, since spouses are usually insured together in a family insurance. However, joint rental agreements for real estate must also be amended and rewritten at an early stage. In addition, the joint bank accounts, if any, should be separated and joint financial obligations, such as credits and loans, should be resolved.
Probably the most important, however, is the divorce settlement agreement. This can be determined by the spouses during the separation period in order to avoid costly negotiations before the family court. In this agreement, practical matters such as contact with the children, their maintenance and custody, as well as their own maintenance, the handling of property matters and the equitable division of household goods are regulated. If the spouses are in agreement, this document will help with a quick and inexpensive divorce. The document must be notarized by a notary and always be set down in writing.

• The separation year can be used to clarify important things for the divorce
• A divorce settlement agreement can be drawn up by the couple

Divorce – separation year, application & costs

Divorce – amicable or in dispute

Divorce can happen in two different ways. There are contested divorces and amicable divorces. The court decides how a divorce is to proceed. If the couple has already drawn up a divorce settlement agreement in the year of separation and clarified all relevant points in private, it is an amicable divorce, as the two parties are in agreement. In such a case, only one lawyer is needed and the costs for the court are much lower. Such a divorce is probably also the most pleasant for the spouses, as they do not part in a dispute. However, a contested divorce proceeds differently. If the spouses could not agree in advance on the issues to be discussed, they will be resolved in family court. In this case, both parties need a lawyer, which is a major cost factor. Points of dispute, such as custody of the joint children or the handling of property matters are discussed with the parties by the judge and then determined. A divorce in dispute is probably never a simple matter and can often drag on for years.

• Amicable divorces are inexpensive and easy for the spouses
• Contentious divorces can often be difficult and costly to resolve

The most important questions about divorce with separation year

Especially in the case of contentious divorces, the legal situation is not always clear and there are many unanswered questions for the spouses. So that you know exactly about the regulations around the separation year, the experts of Lukinski answer the most important questions.

Can you file for divorce before the separation year?

In principle, the divorce can only be filed after the separation year, because according to German law, the spouses must live at least one year apart before the divorce may be filed. Only in special exceptional cases, the divorce can be filed before.

How long does it take from divorce petition to divorce?

The length of the divorce usually depends on whether it is amicable or contested. Amicable divorces can take between one and six months, while contested divorces can take more than a year.

Can the divorce be denied?

Divorce can be refused by the spouse in principle. However, this is not possible on a permanent basis, as a compulsory divorce can be decided by the court after three years at the latest.

How to shorten the separation year?

The separation year cannot generally be shortened. Shortening or omitting the separation year is generally only possible if there is evidence of hardship.

How much does a simple divorce cost?

The costs of a divorce are determined by the court and are based on the value of the proceedings. To calculate this value, the income and assets of the spouses are included.

Who pays the costs in a divorce?

The court determines the costs of the proceedings, including the lawyer’s fees. These are divided so that each party pays its own legal fees and half of the court costs.

What all do you need for the divorce?

The following documents are always required for a divorce: Marriage certificate or family record book in the original or certified copy, the birth certificates of the minor children and possible marriage contracts and/or divorce settlement agreements.

Real estate agent & consultant: divorce and talks

Many of our clients discuss the sale of their property with us in advance of the divorce. Why? The sale of a house or a condominium takes a lot of time. All formalities should be known in advance, so that afterwards, after the separation, no unpleasant surprises arise. As a real estate agent in Frankfurt, Berlin or Cologne, you are often confronted not only with questions about the process of selling a house, but also with general questions that arise in the run-up to a divorce.

Divorces happen for a variety of reasons and at all stages of a relationship. No matter if it is the first month after a hasty wedding, the famous darn seventh year or the divorce after decades, in the second half of life.

Top 5 reasons for divorce

1. Married too fast – pressure
2. Lack of communication
3. A new partner
4. Mistake of the other
5. Disinterest in one’s partner

Married too fast – pressure

As just mentioned, the couple did not marry 100% for love, but because it was rushed or because their own environment around family and friends built up pressure. Some also got married because they built up pressure on themselves, just before 30 or even much earlier, for example with the first boyfriend or girlfriend. When one’s own will was not fully there, many couples separate.

Lack of communication

Lack of communication in married couples is a very common reason, especially in relationships that have existed for a long time. When “man” is again only with the friends on the road and no longer find time for tenderness or when the “woman” prefers to be at home, cuddling and watching series on Netflix. Theoretically, this is all no problem, as long as the spouses still talk and communicate with each other beyond the kitchen table.

A new partner

The “new partner” who will make everything better. Those who have settled down want to experience something “new”. Many look for hobbies or go on vacation. But some are on the lookout for a new partner who will make everything better. Here, the communication may be there, but the inner desire becomes too great. Not only with private persons, also with big stars one experiences these outbreaks from relationships.

Mistake of the other

Who always only looks for faults in the other, will not be happy. Who is pessimistic and only looks for the hair in the soup, will not become happy. Nobody is perfect, nobody. Accordingly, small flaws and mistakes belong to us. Much more: they make us who we are. They make us unique and special. But not everyone sees it that way. If you assume that everything that can go wrong will go wrong, you risk losing your partner.

Destinterese at the Parnter

This results in another common reason, disinterest in the partner. Who no longer shows interest in the spouse, which has either already given up or he or she takes the partner for granted. It is so important to constantly show the other again, that he or she is something special for you.

You see, whether escape from the marriage at the smallest problems or the lack of interest and the laziness to woo the other after marriage, the reasons for divorce are many. Who is in such a life situation, which needs allies on the side to reorganize and restructure their own life.

Even in such situations we are at your side with advice and action.

Statistics: Separation and divorce

You can find more statistics here: Real Estate Statistics.

Number of divorces in Germany

Number of divorces in Germany from 1990 to 2017

You can find more statistics at Statista

Number of divorced marriages by duration of marriage

Number of divorced marriages by duration of marriage in 2018

Average number of marriages to one divorce

Average number of marriages to one divorce in Germany from 1951 to 2017

You can find more statistics at Statista

Average age of divorcees at the time of divorce

Average age of divorcees at the time of divorce in Germany from 2000 to 2018

You can find more statistics at Statista

You can find more statistics here: Real Estate Statistics.

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide

DIY store assortment: Garden, Bathroom, Kitchen & Co.

In our list of home improvement store recommendations for Frankfurt (a bit further down in the article) are only selected stores with nearly full product lines. These include:

• Garden & Leisure
• Bathroom & Sanitary
• Kitchen
• Hardware
• Tools & Machines
• Electrical & Lights
• Heating & Climate
• Flooring
• Tiles
• Colours & Wallpapers
• Cleaning & Household
• Living & Decoration
• Windows, Doors & Stairs
• Building materials
• Car & Bike Accessories

Bauhaus – When it has to be good

Bauhaus has been selling only the best from the workshop, home and garden sectors since 1960. Since the beginning, the most important principles here have been a large selection, the best quality and all that at reasonable prices. The store continues to evolve and now also offers practical tools, such as a drive-in area.

Hanauer Landstr. 517-543, 60386 Frankfurt, Germany

https://www.instagram.com/p/Bw_wopKolsk/

Hornbach – There is always something to do

Hornbach represents 6 basic principles that make the DIY store something special. The best selection & quality, the fairest price, expert advice and tools such as a drive-in area and building materials pick-up are just some of the main reasons to choose Hornbach. The DIY store even offers a handyman service to provide customers with the best help for all projects.

Hanauer Landstraße 477, 60386 Frankfurt, Germany

https://www.instagram.com/p/Bwtau2NF5IN/

Obi – Everything feasible

Obi is probably the largest DIY chain in Europe with 654 stores across Europe in 2016. They offer both technology and garden & leisure products but also furnishings for kitchens and bathrooms. With their large assortment and years of experience, Obi is probably always a good choice.

Mörfelder Landstr.129, 60598 Frankfurt

https://www.instagram.com/p/BwpB43CBkY6/

Hagebau – Here one helps oneself

Hagebau has a wide range of products. A garden centre, tools & machines, building & renovation, bathroom & kitchen furnishings, living, fireplaces, bicycle & car and even pet supplies are the areas in which Hagebau offers products. Throughout Germany, there are countless stores that offer a wide variety of brands, creating many alternatives for customers.

Dieselstr. 11-13, 61184 Karben, Germany

https://www.instagram.com/p/BvL_uTxoolN/

Toom – Respect who does it himself

Toom belongs to the Rewe Group and is one of the leading suppliers in the German DIY sector with 330 stores in Germany. Here you will find not only tools, but also articles in the areas of gardening, construction, bathroom & sanitary and living & household. The DIY store focuses on good service and high quality products.

Friedberger Landstraße 323, 60389 Frankfurt-Bornheim

https://www.instagram.com/p/BwKAiAYHHm6/

Globus – Who builds, needs Globus

While Globus was originally a wholesaler of food and other goods, there is now also a separate home improvement section. The focus here is on customer satisfaction and the quality of the products. In addition to tools and building materials, the product range also includes lamps and electrical goods as well as paints and household products.

Albert-Einstein-Strasse 3, 63128 Dietzenbach, Germany

https://www.instagram.com/p/BwB-KdxFLCH/

The allowances of inheritance – what is taxed and what is not?

In order to protect the heirs from a large financial burden, different tax rates and allowances apply depending on the degree of relationship. These allowances include various things that do not have to be taxed, so that the heirs do not have to pay the most as taxes, especially in the case of a large estate. You can now find out what the tax-free amounts are and how high they are for the respective family members.

• Life estate: bequeathing correctly
• Learn more about: Inherit properly

Pension allowances – precisely regulated for children and spouses

Pension allowances are payable if the partner or children were dependent on the financial support of the deceased. For spouses, the pension allowance is €256,000 provided that the surviving spouse does not have a widow’s pension or occupational pension for which no inheritance tax is payable. If such a pension exists, the value of the pension is determined on the basis of the expected duration of the benefits and the pension allowance is reduced by this value.

Children are entitled to pension allowances that are graduated according to the age of the child at the time of death. Infants up to the age of 5 are entitled to a pension allowance of 52,000 euros. Starting from this point, the pension allowance decreases by approximately 10,000 euros every five years. Children aged 20 to 27 can therefore claim a pension allowance of 10,300 euros, but these allowances are only relevant if the children do not have their own pension payments, such as an orphan’s pension.

• Pension allowances apply if the partner or children were dependent on the deceased’s financial support
• Spouses and registered partners receive 256,000 euros
• Children receive 52,000 euros, but the amount is reduced under certain conditions

Inheritance tax: clever use of allowances – tips from a specialist lawyer

Further allowances – different according to degree of relationship

The other allowances, in addition to the pension allowances, are regulated according to the degree of relationship and are independent of existing survivors’ pensions or own assets. Accordingly, spouses and registered partners inherit an allowance of 500,000 euros. Children of the deceased or grandchildren of the deceased, if their parents die before the inheritance, can claim an allowance of 400,000 euros. Grandchildren whose parents are still alive can claim an allowance of 200,000 euros. Great-grandchildren or the deceased’s own parents are entitled to an allowance of 100,000 euros. All other heirs can claim tax allowances of 20,000 euros. To ensure that as little tax as possible has to be paid on inheritance, the testator can make important decisions long before death and specify them in the will.

Only what remains of the estate after deducting the allowances is taxable. Each taxable acquisition is rounded down to a full €100. The individual tax rates of inheritance tax depend on the different tax classes of the heirs and are also progressively graduated.

• There are other allowances that apply to both inheritance and gifting
• The free allowances are based on the degree of relationship

Gifts – allowances and gift tax

Inheritance tax and gift tax are closely linked. Almost the same allowances apply as in the case of inheritance, however, the gift allowances may only be left tax-free once in ten years. Testators who wish to reduce the inheritance tax for their heirs must therefore start gifting their assets ten years before their death. In the case of patchwork families, this rule means that it can make sense to adopt the spouse’s children in order to bring the tax-free amounts into line with those of the biological children. The adoption does not affect the succession to the other biological parent.

A gift thus actually allows for savings opportunities in inheritance tax. The testators must be aware of these possibilities and use them in a targeted manner in order to have to hand over less of an estate in taxes. Non-marital partners must note that even long-term civil partnerships only allow the given tax allowances if they are officially recognised, either through marriage or through registration of the partnership.

• The same allowances apply to gift tax as to inheritance tax.
• The two are closely linked and follow the same premises

Tax-exempt goods – works of art, libraries or household effects

In addition to tax-free allowances, there are also goods that are tax-free. For close relatives in tax class I, movable assets such as household effects or similar objects of daily use are tax-exempt if they do not exceed a value of 42,000 euros. For all other heirs, a value of 12,000 euros applies here. If works of art, archives or libraries are part of the estate, they are generally exempt from tax at a rate of 60 percent. If the estate includes a building in which one of the heirs lives, this can also be exempt from tax.

• Some goods are tax free or tax exempt up to a certain amount
• Archives, works of art and libraries are 60 percent tax-exempt

You can also find out more about the topic: Bequeathing correctly during your lifetime!

The most important questions on the subject of tax allowances and inheritance tax

Since the allowances vary depending on the degree of relationship and also depend on the succession, questions often arise on this topic. So that you know which allowance you are entitled to and how much inheritance tax is due, the experts at Lukinski answer all the important questions on the subject of allowances and inheritance tax.

What is the allowance for inheritance tax?

The tax-free amounts vary depending on the degree of relationship. For spouses and civil partners, an amount of 500,000 euros applies, for children and grandchildren, if their parents are already deceased, an amount of 400,000 euros applies. For grandchildren whose parents are still alive, an amount of 200,000 euros applies and for parents and grandparents an amount of 100,000 euros applies.

What is the allowance for inheritance between siblings?

In the case of inheritance among siblings, an allowance of 20,000 euros applies. The heirs are subject to tax class 2.

How can I avoid the inheritance tax?

The inheritance tax can be reduced by the testator already starting to give away his inheritance during his lifetime. Here, some guidelines must be followed so that no gift tax is incurred. If everything is observed, the inheritance tax can be reduced by the gift and, depending on the case, can even be completely omitted.

When do I pay inheritance tax?

Inheritance tax is paid by every heir. However, tax is only levied on the amount that exceeds the exempt amount. The possible tax-free amount varies depending on the degree of relationship.

Is a gift taxable?

Gift tax is very close to inheritance tax. In general, a gift must be taxed in the same way as an inheritance, but the same allowances apply here. Testators can therefore minimise inheritance tax by making a gift during their lifetime.

Until when is an inheritance tax-free?

This depends on the degree of kinship. Close relatives such as spouses and children have a higher allowance than grandchildren, parents or grandparents of the deceased.

How much is the inheritance tax?

The amount of inheritance tax depends on the degree of relationship, the amount of the estate but also on the respective allowances. How high the inheritance tax is in each individual case must be calculated individually.

From wild animals to tame pets – what animals can be kept with people?

Pets are man’s best friend, however not every animal is suitable for keeping with humans. Many animals are wild and as cute as they may be, they simply do not belong in an enclosure, but in the wild. Find out now which animal is suitable as a pet and which animals are better left in the wild.

Dogs as pets – man’s best friend

A dog can enrich your life as a family member and companion. In the summer with a dog on the road at the lake or in the park makes directly good mood. However, not every dog is suitable for everyone. Often there are allergies to dogs or certain requirements for the character, size or breed. Depending on individual circumstances, some dog breeds are better suited than others. Learn more about dogs as pets and the different dog breeds!

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

https://www.instagram.com/p/BxJkCN2hnQe/

Cats as pets – companions for life

Cats are very elegant, beautiful but also stubborn animals. They are more independent than dogs, but still integrate into the family. Cuddling or playing the cats love and are therefore perfect as a pet. Who wants to have a cat as a pet, which should first be well informed, because cat is not equal cat. With the four-legged friends there are many differences both from nature and from the appearance between the different breeds. Learn more about the cat as a pet!

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

https://www.instagram.com/p/BxJOit9Fblc/

Rats as pets – Tame and easy to care for

Rats are crepuscular small animals that belong to the rodent genus. There are a few things to keep in mind when keeping these small animals. They should never be kept alone and need a lot of space. At least one playmate, the rat should have. The socialization with other rodents, we mice is not species-appropriate here, however. The enclosure of the rats should be large enough. They need a lot of free space and room to move around. The rats also love a regular run in the apartment. But always keep an eye on them, otherwise they like to gnaw on furniture. Rats are very tame and intelligent animals and are happy to spend time with their owner. Rats as pets are especially suitable for professionals or children over twelve years.

Editor’s Rating:

• Family friendly 3.0 / 5.0
• Single and couple friendly 4.5 / 5.0

https://www.instagram.com/p/BwWJnZmBWJt/

Owl as a pet – the wild animal belongs in nature

Even if owls look very cuddly and at the latest after the Harry Potter film series appear as good pets, they are on the contrary wild animals and can even be dangerous with their sharp claws and their pointed beak. The animals make very high demands on their habitat, which is why keeping them in a species-appropriate manner is very difficult. In Germany, the keeping of owls is rarely allowed and is subject to certain conditions. These include not only a large aviary in the garden, but also distinctive expertise in keeping owls. Here again it becomes clear that wild animals should remain in the wild and are not well suited for keeping as pets.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

https://www.instagram.com/p/BxIxe6zgRDe/

Turtle as a pet – friends for life

Most common are Greek and European tortoises but also water turtles. Since turtles can live up to 100 years, depending on the species, the small reptiles are an acquisition for life. Depending on the species, the turtles require certain conditions. Tortoises run a lot, which is why they need a large outdoor enclosure with plenty of space. Aquatic turtles, on the other hand, can be kept in an 80 to 120 cm terrarium. Both species need a place to swim, to wander and the warmth of the sun, which can be provided by a UV lamp, especially in winter months. The animals are very happy about plants in the enclosure, because these give them security. Turtles are very easy to care for animals and true companions for life.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

https://www.instagram.com/p/BohVVXInFMN/

Hedgehogs as pets – forbidden in Germany

Hedgehogs are protected in Germany and are therefore not to be kept as pets. In some cases, however, the little animals are dependent on help from people. If an obviously sick or injured hedgehog is found, it should be taken to a vet as soon as possible and cared for. As soon as it has recovered, however, it should be released again.

An exception is the African white-bellied hedgehog. This may be kept in Germany as a pet, as it is not under nature conservation. However, the animal remains a wild animal and usually does not feel comfortable in the keeping. A hedgehog needs a very large enclosure in the open air, as these animals normally travel several kilometres at night in search of food. It is generally not advisable to keep hedgehogs, however, as the animals rarely feel comfortable despite being kept in a species-appropriate manner and belong in the wild.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

https://www.instagram.com/p/BwwiknaBPIR/

Mice as pets – the small rodents are very flexible

Mice are very good as pets, but only with at least one conspecific. There are different types of mice, such as the color mouse, the gerbil or the spiny mouse, which show different character traits and behaviors. It is also recommended to keep only mice of one sex together, so that there are no unwanted offspring. The enclosure of the mice is very flexible. It can consist of a cage as well as a terrarium or aquarium. Important for the mice is a lot of activity. Different levels, pipes and sticks for climbing but also a sleeping house for the resting phases should not be missing in any enclosure. The mice like hay or paper handkerchiefs particularly well, because they can build small nests with it. The small rodents are very good as pets and are very easy to care for.

Editor’s Rating:

• Family friendly 4.0 / 5.0
• Single and couple friendly 4.5 / 5.0

https://www.instagram.com/p/BwsGj4qAjhf/

Monkey as a pet – not recommended for private individuals

Even if film and TV teach us otherwise, monkeys are not suitable as pets. Especially private persons underestimate the costs, the work and the space monkeys need. Calculate easily: online calculator. Since monkeys should not be kept alone, the purchase of at least two or more monkeys is necessary. These need a large enclosure, so that they can also go out of the way and disputes between the monkeys are avoided. If the monkeys are kept in the apartment, they damage furniture, leave their business everywhere and sometimes bite. Monkeys will never be house-trained! Even if the animals are still very small, loving and needy as babies, their nature changes at the latest in puberty and they can become aggressive and wild. So it becomes clear that monkeys should not be kept by private persons, because the demands of the animals are so high that they can hardly be met. Monkeys are and remain wild animals and belong in the wild.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

https://www.instagram.com/p/BsiJMygAmWK/

Ferret as a pet – playful and trusting

The small animals from the marten family are very trusting and playful. They should not be kept alone, because the animals need a lot of distraction and employment. The enclosure of the animals should be sufficiently large and individually designed. For two animals an enclosure of at least six square meters is needed. If the space allows it, the animals are also happy about their own room, where they have a lot to discover. Important for martens are different floors, so that the animals can live out their climbing instinct. Sticks, tubes, toys and hammocks should not be missing in any enclosure. In addition, ferrets need blankets, a toilet and a hiding place to retreat and sleep. Ferrets also love to bathe in shallow bowls of water. Outside of their enclosure, the animals need at least four hours of free access in the apartment every day.

Editor’s Rating:

• Family friendly 3.5 / 5.0
• Single and couple friendly 4.5 / 5.0

https://www.instagram.com/p/BxHfDEhlY2o/

Fox as a pet – wild animals do not belong on a leash

Foxes are wild animals and are not suitable for keeping as pets. There are strict regulations for keeping wild animals in Germany. One of the most important is that an outdoor enclosure of 30-40 m² (depending on the species) must be available so that the fox can pursue its innate urges, such as digging a burrow. It is strongly discouraged to buy foxes from breedings, as for example from Russia, because the animal husbandry here is not species-appropriate and the trade is unscrupulous. If you find an animal in need of help, you should immediately take it to a veterinarian or contact the nature conservation association or rescue organizations for wild animals. If the fox cannot be reintroduced to the wild after it has been rehabilitated, you can continue to care for it if you meet certain requirements.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

https://www.instagram.com/p/Bwoe4z5hj20/

The legal succession – this is how you inherit according to the law

Legal succession regulates both the order of heirs and the individual amounts that are inherited. First the closest relatives, such as children and grandchildren, inherit and then the more distant relatives, such as nephews and nieces. Closer relatives generally exclude the more distant relatives from inheritance. The proportion to which the individual heirs inherit is documented in the certificate of inheritance.

The legal succession is based on the Parantel – or order system. It divides the relatives into different orders. Accordingly, children and grandchildren of the deceased belong to the first order. Parents, siblings, nieces and nephews of the testator are assigned to the second order. The third order includes grandparents, uncles and aunts as well as cousins of the deceased. Spouses and registered partners are not considered relatives, but have the right of inheritance as spouses. This gives them a special status and limits the right of relatives to inherit. Relatives of the preceding order always exclude relatives of a subsequent order from the succession.

The spouse – special position in the law of succession

Although the spouse or registered partner is not considered a relative in the legal succession, he or she has a special position. If the deceased leaves both a spouse and children, the spouse inherits half of the estate and the children the other half. However, if there are more than three children, the spouse receives only one-fourth and the children divide the remainder among themselves. If there are only second-order relatives or grandparents, the spouse receives half of the estate and the second- and third-order relatives share the other half. If there are no relatives of the first, second or third order, the spouse inherits everything.

If the deceased leaves neither relatives nor spouses, the state inheritance law applies. The federal state in which the deceased last had a residence inherits the estate.

Heirs of the first order – children and grandchildren

The first order includes the children and grandchildren of the deceased. Non-marital children born after 1 July 1949 are also entitled to inherit. If a child of the deceased and the spouse are alive at the time of death, both inherit half. If several children are living, the inheritance is divided between them and the spouse. If children of the deceased are already deceased, the grandchildren inherit.

Explained by example: If the deceased leaves his mother, his spouse, 2 children with two grandchildren each and a deceased child with one grandchild, the following succession results. The mother is not entitled to inherit because she belongs to the second order and there are heirs of the first order. The spouse and the two living children inherit in equal shares. The grandson of the deceased child takes the place of the parent in the succession and thus inherits in equal shares with the two living children and the spouse. The grandchildren of the living children also do not inherit.

Heirs of the second order – parents and siblings

If there are no children or grandchildren, the heirs of the second order. The second order includes parents, siblings, nephews and nieces. If both parents of the deceased are alive at the time of death, the estate is divided in half. However, if one parent is already deceased, the descendants of this parent, i.e. siblings or nieces and nephews of the deceased, take their place.

Explained by example: The testator leaves his mother, a sister with two children, a nephew of the deceased brother and a half-sister from the father’s second marriage. The inheritance is therefore distributed as follows: One half of the estate goes to the mother’s line and the other to the father’s line. Since the mother is still alive, she receives half of the inheritance. Since the father is already deceased, his inheritance falls to his children. In this case, to the sister, the deceased brother and thus the nephew of the deceased, and the half-sister from the second marriage. These three divide the other half of the inheritance. The children of the still living sister do not inherit.

Heirs third order – grandparents and aunts / uncles

If the deceased leaves only heirs of the third order, the inheritance is divided as follows. The inheritance of the deceased falls to the grandparents and their descendants. If a grandparent has already died, the inheritance also falls to the aunts, uncles, cousins of the deceased.

Explained by example: If the testator leaves only his grandmother and an aunt with two children, they inherit as follows. The grandmother receives half of the estate. Since the grandfather is already deceased, his descendants inherit his share. In this case, therefore, the aunt inherits the other half of the estate. However, the two children do not inherit.

Legal succession at a glance – Who inherits if there is no will?

Adopted children – inheritance claims against biological and adoptive parents

Adoption confers legal kinship on a child. If the child is a minor at the time of adoption, it acquires the legal status of a joint child of both spouses and thus belongs to the heirs of the first order. Thus, not only the adopted child inherits from the parents, but also vice versa. With the adoption, however, the child loses all claim, rights and duty to the blood relatives and is therefore no longer entitled to inherit from the natural parents. This is regulated differently in the case of adopted children who have reached the age of majority. The kinship relations to the bodily parents do not expire and thus an adopted child of full age can be entitled to inherit from up to four inheritance parts, the bodily and the adoptive parents. However, there is no legal right to inherit from the relatives of the adoptive parents.

Read more about inheriting debt!

All questions about inheritance without a will

Inheriting without a will can often lead to disputes within the family, as the last will and testament of the deceased is not made clear. In order to clarify all questions in such a case and to avoid disputes, the experts of Lukinski have answered all important questions around the topic of inheritance without a will.

What is the intestate succession?

If no will has been left or if it has been found to be invalid, the legal succession applies. This is based on the degree of kinship and the marital property status of the testator. The relatives are divided into three orders for this purpose.

When does the spouse inherit?

In principle, the spouse always inherits. However, how much he inherits depends on the remaining relatives of the deceased. If there are no relatives, the spouse inherits the entire estate alone.

When does the state inherit?

The state inherits if there are no relatives or other dependents, such as the spouse or partner. This is stipulated in the Fiskalerbrecht according to § 1936 BGB.

When do siblings of the deceased inherit?

Siblings of the deceased inherit if there are no first-order heirs, i.e. children or grandchildren of the deceased. These belong to the second order and only inherit if at least one parent has already died, otherwise the parents of the deceased inherit the estate.

Can half siblings inherit?

Half-siblings are on the same level as full siblings according to the legal order of succession. They both belong to the second order and inherit if neither children, grandchildren or at least one parent of the deceased is still alive.