Testators often wish to leave a bequest to individuals close to them. Unlike an inheritance, a bequest is not intended to transfer the entire estate, but rather specific items. The will then includes corresponding bequests that, for example, provide for the allocation of specific items such as jewelry, furnishings, or cars. Specifically, this means that certain individuals are assigned specific items (or money) after the testator's death, but they are not otherwise involved in the inheritance. This distinguishes beneficiaries of a bequest from heirs, who receive a share of the entire estate according to their inheritance quotas.
In contrast to an inheritance, a bequest must be claimed from the rightful heirs. If the testator has not defined when the estate should be handed over, the heir has discretion to determine when to release it. Furthermore, when drafting bequests, it is often overlooked that the value of the bequest can be reduced by the heir in the event of inheritance if mandatory share claims against the heirs still need to be fulfilled.
While such provisions can be included in wills, if testators implement them 'on their own,' the succession often does not proceed according to the testator's original wishes. Experience shows that legal advice is indispensable when drawing up a will or bequest to ensure that the inheritance is distributed according to one's own wishes, even after death.
Our inheritance law attorneys in Nuremberg will inform you how to draft a bequest and clarify the legal norms and formal requirements that must be observed.
