Inheritance law
Beta · in Professional

Review wills and estates before the disclaimer period runs out

After a death, clients often have to decide before they know what the estate is worth. The agent team records the estate, secures the deadlines and sets out in a draft who inherits, what the client is entitled to and what they have to decide by when. The draft only goes out after your approval.

Book a demo →How it works
  • BRAO compliant
  • Data stored in Germany
  • Nothing goes out without your approval

Six weeks is short when documents are still missing

Under German law, the period for disclaiming an inheritance is six weeks. It is six months only if the deceased's last residence was exclusively abroad or the heir is abroad when the period begins (§ 1944(3) BGB). Within that time, wills have to be read, family and matrimonial property arrangements clarified and shares of the estate calculated. If information is missing, the answer depends on a follow-up question while the deadline keeps running.

How an inheritance file runs in rightflow

  1. 01

    The team records the estate: date of death, last residence, testamentary dispositions, marital status, matrimonial property regime and relatives.

    Today
    Piece details together from meeting notes
    Result
    Estate fully recorded
  2. 02

    Before it reviews the substance, it calculates the running deadlines and enters them in the file with an advance reminder.

    Today
    Disclaimer deadline in someone's head
    Result
    Every deadline in the file, with advance notice
  3. 03

    Wills and inheritance contracts are checked for form, binding effect and how they relate to each other.

    Today
    Lay wills side by side and compare
    Result
    Form and binding effect checked
  4. 04

    Succession, shares of the estate and compulsory portions are recorded with their legal basis.

    Today
    Calculate shares by hand
    Result
    Shares and compulsory shares with legal basis
  5. 05

    The client letter is drafted: the result first, then the reasoning, deadlines with dates and the decisions ahead. After your approval it goes out by e-mail or beA.

    Today
    Write the letter from scratch
    Result
    Letter to the client drafted
  6. 06

    A second agent checks the draft against the file before it is put to you for approval.

    Today
    Proofread when someone has time
    Result
    Second check before approval

What you have in the file

Succession and shares

Every share as a fraction, with the provision it follows from.

Compulsory portions

As an amount where the value of the estate is known, including top-up claims for gifts.

Every deadline with a reminder

Disclaimer, challenge, limitation of the compulsory portion and notification of the tax office.

A client letter

Result, deadlines and recommendation as a draft on your letterhead.

For firms with inheritance matters

  • Firms advising heirs and those entitled to a compulsory portion, regularly working against the disclaimer period.
  • General practices where estates come in alongside other areas of law and need a reliable first assessment quickly.

What the agent team takes on in inheritance law

Coordinating agent
  1. 01
    Reviewing documents

    Will, joint will or inheritance contract, death certificate and the probate court's opening record are captured.

  2. 02
    Securing deadlines

    Disclaimer, challenge of acceptance or disclaimer, limitation of the compulsory portion and notification of the tax office, each with an advance reminder.

  3. 03
    Checking dispositions

    Formal validity, binding effect of joint wills and how several wills relate to each other.

  4. 04
    Calculating succession and compulsory portions

    Statutory orders of succession, the spouse's share depending on the property regime, compulsory portion and top-up claims.

  5. 05
    Requesting missing information

    Where a share or a deadline depends on open information, the team bundles the questions to the client.

  6. 06
    Drafting the letter

    The client letter is drafted and checked against the file before it is put to you.

What the team knows

  • Statutory succession and the spouse's share (§§ 1924 et seq., 1931, 1371 BGB).

  • Wills, joint wills and inheritance contracts (§§ 2247, 2265 et seq., 2276 BGB).

  • Compulsory portion and top-up claims (§§ 2303, 2325 BGB).

  • Disclaimer and challenge (§§ 1944, 1954 BGB), limitation of the compulsory portion (§§ 195, 199 BGB) and notification duty (§ 30 ErbStG).

  • Your house rules: letterhead, salutation and standard wording, set once.

When the file is not clear-cut

  • The situation

    The matrimonial property regime is unknown

    What the team does

    The team calculates the share for both community of accrued gains and separation of property and names the missing information.

  • The situation

    The authenticity of a will is in doubt

    What the team does

    The question is explicitly left open and stays with you.

  • The situation

    The team only recommends disclaiming or accepting where over-indebtedness is documented.

    What the team does

    Otherwise it names the decision and what is still missing for it.

Common questions

Other case types

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See an inheritance file in rightflow.

In 30 minutes we show you, using a real estate, how the team secures deadlines and prepares the client letter.

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