Wills & Co.: What young, married parents should know

Young people tend to suppress the topic of death and all other related issues. This is especially true when it comes to wills. But at the latest when it comes to getting married and starting a family, young couples should consider the topic of wills and make individual arrangements.

Unregulated inheritance: double burden

When it comes to dying and inheritance, the law knows no age. Even at a young age, it is important to realise that accidents or sudden illnesses can occur during this phase of life that do not end well.

In this respect, the topics of inheritance, wills and provision should be addressed at a young age in order to relieve the burden on the family or heirs with a ‘regulated estate’ if the worst comes to the worst.

Situation without a will and co.

If – regardless of age – you have not regulated your estate with a testamentary disposition such as a will, statutory succession applies. In this case, a person’s agreements , i.e. the children, inherit.

If you are married and do not (yet) have children, your parents and siblings inherit alongside your spouse. If you are married and have children, the children and the spouse inherit.

Children and spouse: community of heirs in legal succession

Children of married parents form a community of heirs with the living parent after the death of one parent if no will etc. exists. This applies regardless of the age of the children, as underage and even unborn children can also inherit.

How much the spouse and how much the children inherit then depends on the number of children the deceased has – including from previous relationships or marriages. A marriage contract can also have an effect on the inheritance quotas.

Especially if children are minors and/or come from a relationship other than the current marriage, this constellation brings with it legal problems:

• In the event of conflicts of interest between spouses and minor children, the family court may have to decide or a supplementary guardian may have to be called in.

• When they reach the age of majority, children have full access to their own share of the inheritance and can demand payment or force partition auctions – an unpleasant situation for the remaining heirs, especially in the case of children from previous relationships.

Wills important for young married parents

This makes it clear that the statutory order of succession often does not correspond to one’s own wishes and it is necessary to organise one’s estate to suit one’s own life.

This is because an unregulated community of heirs between children and parents can be highly problematic or become so over the years. This is why married parents – especially if there are also children from a previous relationship! – should definitely think about organising their own estate.

For example, it is possible to initially appoint the spouse as sole heir. In this case, the children only inherit when the other spouse dies – there is no community of heirs between the spouse and the (minor) children.

At the same time, it is advisable to include an integrated custody order for minor children in such a will. This takes effect in the event of the death of both parents, specifies who should have custody of the children and thus also provides legal clarity in this respect.

(Have) individual situation regulated individually

For young married couples with children or the desire to have children, it is advisable to clarify their own inheritance law situation and personal wishes with professional legal support and to make the best possible arrangements in a will. In order to avoid finding yourself in a community of heirs with your parents-in-law in the worst-case scenario, it is also advisable for childless couples to draw up a will.

In any case, it is important to make additional legal provisions by means of a living will and power of attorney.