When it comes to legal succession, most people have several heirs. most people have several heirs at once. Children, grandchildren and spouses: All of them are taken into account and receive a small part of your a small part of your property as a compulsory share. As a rule, however, only one heir and his or her family can live in the property. one heir with his or her family. Often it is not financially possible for this heir the rest of the community of heirs, and so in the end there is no other and so in the end there is nothing left but to sell the property.
First of all, you should clarify whether any of your children or grandchildren will want to live in your property. or grandchildren would like to live in your property later. If this is If this is not the case, you may be interested in the topic of real estate annuities, which we have already reported on page X, could be of interest to you. be of interest to you.
However, if one of your heirs has an interest in your home, it is it is advisable to protect them with a will. If you have bought an age-appropriate flat, then this may be of interest to your own your own children. Because in fact most heirs when their parents die are already around 60.
When drafting your will, it also depends on whether your property is the only asset you are bequeathing. property is the only asset you are bequeathing. Because you may not pass on any of your legal heirs who are entitled to a who are entitled to a compulsory share. So if you bequeath the property to one of your children or your spouse the property, then the compulsory share of the remaining heirs must be heirs must be compensated by other shares in the property. Otherwise they are entitled to part of the house despite the will. In such a case, it is important to grant your chosen heir a lifelong right to live in the property. right to live in the property for life. This way, the other heirs cannot cannot force him to sell.
When drafting the will, it is also advisable to seek tax advice. tax advice when drafting your will. After all, you want your heirs to your heirs have to pay as little inheritance tax as possible. If you the property to your partner or a child who lives in the property with you, then you child who lives in the property with you, then under certain circumstances there is tax exemption for owner-occupied housing.
It is also important to consider the form in which you draw up your will. form of your will so that it is actually legally binding. is legally binding. After all, the last will and testament scribbled on a handkerchief before death scribbled on a handkerchief before death, as we know it from the movies, is difficult to hold up in court. In order for a handwritten will to be valid, your signature must be at the end of the will. your signature at the end of the will, and it is also advisable to a date and time. In fact, it is important that the the entire text was handwritten. However, it is more advisable to have a notarised, public will, as this cannot be lost and the wording lost and the formulations made here are legally secure. are legally secure.