Family structures are changing. Second marriages, blended families and children from different relationships have long been part of everyday life. However, many wills were drawn up during an earlier stage of life and no longer reflect the current family situation. Older “Berlin wills” in particular can prove problematic in blended families. Often, spouses initially name each other as sole heirs, whilst the children are only to inherit later. What once seemed sensible can, however, lead to conflicts or financial disadvantages today.
Claims to a compulsory share are often underestimated
A common misconception is that disinherited children come away empty-handed. In fact, close relatives are often entitled to statutory shares. These usually take the form of cash payments and can lead to considerable financial burdens, particularly where property assets are involved. This often leads to disputes, particularly in blended families – for example, when the surviving spouse wishes to continue living in the shared home, whilst children from a previous marriage assert their statutory inheritance rights.
Changes should also be reflected in the will
It is particularly advisable to review existing arrangements in the following situations:
- a second marriage or new partnership,
- children from different relationships,
- property assets,
- business interests,
- gifts already made.
It is not uncommon for wills to remain unchanged for decades, even though assets and family circumstances have long since changed. A modern will should therefore take the actual family situation into account and set out clear provisions. This is not just about the distribution of assets, but also about avoiding disputes and identifying financial risks at an early stage. Notarial advice helps to develop legally sound and individually tailored solutions.
Conclusion
A will should be reviewed regularly – particularly when family or financial circumstances change. Only an up-to-date and well-thought-out estate plan ensures clarity in the event of an emergency and avoids unnecessary conflicts within the family.