German inheritance law treats unmarried couples like strangers – regardless of whether the relationship has existed for weeks, months or decades or whether the couple is even engaged. That is why unmarried couples – with or without children – should organise their estate in such a way that their partner is considered and protected in the event of death.
Unmarried couples: no legal right of inheritance!
There are many unmarried couples, and they are found in all phases of life. Whether young and (still) unmarried or older and unmarried, for example, after a failed marriage of conviction: many couples live together like a married couple, but are not married. When it comes to the subject of ‘inheritance’, however, this can have disadvantages. This is because married couples have a legal right of inheritance, which means that they automatically inherit something (although not everything), even if there is no testamentary disposition such as a will.
However, from an inheritance law perspective, non-marital partners do not exist.
Unmarried: relatives inherit
If a partner dies and there is no will, the statutory order of succession applies. In this case, children or grandchildren generally inherit. This applies equally to children from a current relationship and to all children from previous relationships or marriages. All children together then form a community of heirs. This can lead to extremely confusing situations and massive conflicts, especially if minor children inherit and the ex-partners have a say in the matter.
If you don’t have any children (yet), your parents and/or siblings will inherit. Without children of your own and without a marriage certificate, distant relatives will inherit in the event of your death, but not your partner. This can be a problem, especially in the case of jointly purchased property, when heirs want to be paid out. Just as problematic: the jointly occupied property belonged solely to the deceased. In this case, heirs can ‘throw’ the partner out of the property at very short notice.
Such constellations must be avoided!
Settling an inheritance: essential even without a marriage certificate (and necessary with one)
But you don’t have to get married to avoid complicated, unwanted inheritance constellations, or to ensure that a loved one doesn’t get left out in the event of your death and, in the worst case, quickly loses their home.
Rather, you can either organise your estate alone with a will in favour of your partner or you can organise your estate together with a contract of inheritance.
Tip! A joint will is reserved for married couples. However, a contract of inheritance is an alternative with a similar legal binding effect. Important: It should contain a revocation/cancellation clause, for example in the event of separation.
Reasonable regulations for unmarried couples
There are various options for unmarried couples to organise their estate in favour of their partner by means of a will or inheritance contract. Here are a few examples:
- Inheritance contract
In such cases, the partners can appoint each other as sole heirs or as heirs alongside children. They can also stipulate that the partner is to be the sole heir and that the children are to inherit everything after On top of that, there is a very high tax rate (at least 30 per cent!) for unmarried people.
- Pre- and reversionary inheritance in wills and inheritance contracts
It is also possible to appoint the partner as a provisional heir (a ‘temporary heir’) and (individual) children as reversionary heirs. The provisional heir may use the inheritance, including the income, but is not usually allowed to ‘use up’ the assets. They become, so to speak, the administrator of the inheritance, may live off it and pay the inheritance tax arising from the inheritance. Upon the death of the pre-heir, the (remaining) estate of the first deceased passes to the specified reversionary heirs. This can be used, in particular, in patchwork families to prevent children/ex-partners from a previous relationship from sharing in the inheritance or their compulsory portion from being unnecessarily increased.
- Bequest in the will/inheritance contract
In addition to or instead of appointing an heir, a legacy to the partner can be useful. Although a legacy ‘only’ provides a claim against the heirs, e.g. for the transfer of ownership of a property, it is possible to exclude individual items from the estate of a community of heirs or to protect the partner without expecting him or her to share the community of heirs with children from previous relationships. The appointment of an executor can also help to avoid discord.
Don’t forget the past!
The important thing in all of this is not to forget the past and to check whether any older inheritance arrangements (e.g. with an ex-spouse) may exist that block new arrangements.
And married people?
Find out what young married parents should know about inheritance and bequeathing in the article ‘Wills and the like for young married parents’.
Do you have any questions on this topic or need support with implementation? Please feel free to contact me!
Your ACCONSIS contact

Nicolai Utz
Lawyer
Specialist lawyer for inheritance law
Authorised signatory for ACCONSIS
Service phone
+49 89 547143
or via email
n.utz@acconsis.de