The Need for Inheritance Planning Advice in the Event of Separation or Divorce

Most married couples view marriage as a stable institution in which important decisions are made together. These decisions include matters of inheritance, health care proxies, living wills, and much more. However, when a separation or divorce is imminent, these decisions must be reviewed and adjusted.

Steps to Take During the Separation Phase

Considerations regarding inheritance law should already be made during the separation phase. These include:

• Revocation of testamentary dispositions: It is advisable to revoke or amend existing wills or inheritance agreements in favor of the former partner.
• Renunciation of inheritance or statutory share: Alternatively, a mutual renunciation of the inheritance or statutory share may be considered.
• Negative will: A so-called negative will can stipulate that the ex-partner is not to inherit.
• Review of insurance policies and powers of attorney: Life insurance policies, health care proxies, and living wills must be reviewed and may also need to be amended or revoked. The separation agreement can play an important role in this regard.

Consequences of a Divorce

Upon a final divorce, the ex-partner’s statutory right to inherit expires. This also applies if, at the time of the testator’s death, the divorce had already been filed or granted. If there are last wills and testaments, the ex-partner is no longer bound by any bequests. Similar rules apply to joint wills and inheritance contracts, but the details are crucial here.

Professional advice

During a separation or divorce, a legal advisor is tasked with reviewing death-related provisions made during the marriage and correcting them if necessary. Although the law provides for some automatic adjustments, it is not advisable to rely solely on these. The advisor must determine whether additional measures are necessary to clarify inheritance matters following the divorce.

Do you need assistance in reviewing your estate planning matters? We provide confidential advice on this matter. With our offices in Düsseldorf and Oberhausen, we offer you direct points of contact. Contact us to schedule a consultation. We look forward to meeting you.