INHERITANCE LAW
A will for a child with a disability: securing their future
When planning their estate, parents of a child with a disability face a question other families do not: what happens to the assets once both parents are gone, and whether those assets actually reach the child. A will designed for this situation is one possible answer. I am Dr Hanna Schmidt, a lawyer for inheritance law in Cologne, and I draft such wills myself.
A will for a child with a disability: what the arrangement achieves
The term describes no separate statutory instrument, but an arrangement made up of two building blocks. Your child is frequently appointed as prior heir. In case your child dies before you or shortly after you, the will allocates the remainder as a legacy to a third person. The assets are not to fall into the child's own estate.
One limit belongs openly on the table. Whether a benefit is credited against entitlements to social support, or whether an authority can reach it, is governed by social benefits law and is clarified case by case with specialists in that field. The arrangement almost always includes continuing executorship. The executor administers the assets for your child, pays running costs and relieves the siblings.
Where such a will fails in its purpose
01
The Berlin will is carried over unchanged
In a Berlin will the children are to become full heirs after the death of the surviving parent. The assets fall into the child's own estate, which is exactly the situation the arrangement is meant to avoid. An existing will has to be rethought completely, not merely supplemented.
02
The compulsory-share penalty clause is missing or misses its mark
If the child with a disability becomes prior heir, siblings can claim their compulsory share on the first death (section 2303 German Civil Code). A compulsory-share penalty clause attaches a consequence to a sibling demanding it that early. Whether it holds depends on how it is worded.
03
The interface with social benefits law is left unresolved
Some drafts promise that the assets are safe from any access. I regard such statements as dishonest as long as nobody has looked at the child's benefits position. The order is: first build the inheritance law arrangement, then have the questions of crediting clarified, then sign.
How I proceed
01
Initial consultation
At Jakordenstrasse 8 or by video I record the family and the assets: who belongs to it, what exists, which dispositions are already in place, and whether there is a legal guardianship or powers of attorney.
02
Draft and notarial recording
I draft the will with prior inheritance, a legacy of the remainder, executorship and substitute-heir provisions, explain each provision sentence by sentence, and agree the recording appointment with the notary's office.
03
Interface with social benefits law
Where questions of benefits arise, I identify the interface and tell you which points you should have clarified there before the document is signed.
A will of this kind in Cologne: appointments and jurisdiction
My office is at Jakordenstrasse 8 in Cologne. Appointments take place there, by video or by phone on request. Clients come from Cologne and the surrounding area, from Bergisch Gladbach, Leverkusen, Bruehl or Pulheim. Anyone living further away works with me digitally. The notarial recording takes place at a notary's office near you.
For the estate itself, the probate court at the Cologne Local Court has jurisdiction if the deceased had their last habitual residence here. If that was in a neighbouring municipality, it is the local court there.
A typical situation
01
Two parents in their mid-sixties, a Berlin will from the nineties
An adult son with a disability in supported accommodation, two other children, a flat in Cologne. The son becomes prior heir, the remainder passes by legacy to one of his sisters, continuing executorship keeps the administration in one pair of hands, and a penalty clause puts an early compulsory-share demand in question.
YOUR QUESTIONS
Frequently asked questions
Yes. It is an ordinary will that tailors the general drafting tools of prior inheritance, legacy and executorship to a particular family situation. What form the disposition requires and whether further steps are necessary depends on the arrangement chosen. The name is a practical term, not a category in the statute.
In a Berlin will the children become full heirs after the death of the surviving parent, so the assets fall entirely into their own estate. This arrangement makes your child a prior heir and allocates the remainder as a legacy to a third person. That keeps the parents' assets steered, even if your child dies before them or soon after them.
They carry out your provisions and administer the assets for your child, often over many years: paying running costs, preserving the assets, communicating with authorities and institutions, relieving the siblings. It makes sense to choose someone who fits your family and can carry the task, plus a substitute and an agreed remuneration. If you would rather not name anyone, we will find a solution for that too.
I bill by time; my hourly rate is 280 euros plus 19% VAT. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. The initial consultation is also billed by time. The effort depends on the number of people involved and on how much of the existing dispositions has to be replaced. Notary costs are additional and depend on the value of the assets.
While you still have testamentary capacity and can decide calmly. An arrangement with prior inheritance, a legacy and executorship needs to be coordinated between everyone involved, and that rarely succeeds under time pressure. After every major change, such as your child moving or an inheritance coming into the family, it is worth reviewing the document again.
Planning provision for your child
Bring what you have: existing wills, an overview of the assets, information about your child's situation. In the initial consultation we clarify which arrangement fits your family. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.
INHERITANCE LAW
A will for a child with a disability: securing their future
When planning their estate, parents of a child with a disability face a question other families do not: what happens to the assets once both parents are gone, and whether those assets actually reach the child. A will designed for this situation is one possible answer. I am Dr Hanna Schmidt, a lawyer for inheritance law in Cologne, and I draft such wills myself.
A will for a child with a disability: what the arrangement achieves
The term describes no separate statutory instrument, but an arrangement made up of two building blocks. Your child is frequently appointed as prior heir. In case your child dies before you or shortly after you, the will allocates the remainder as a legacy to a third person. The assets are not to fall into the child's own estate.
One limit belongs openly on the table. Whether a benefit is credited against entitlements to social support, or whether an authority can reach it, is governed by social benefits law and is clarified case by case with specialists in that field. The arrangement almost always includes continuing executorship. The executor administers the assets for your child, pays running costs and relieves the siblings.
Where such a will fails in its purpose
01
The Berlin will is carried over unchanged
In a Berlin will the children are to become full heirs after the death of the surviving parent. The assets fall into the child's own estate, which is exactly the situation the arrangement is meant to avoid. An existing will has to be rethought completely, not merely supplemented.
02
The compulsory-share penalty clause is missing or misses its mark
If the child with a disability becomes prior heir, siblings can claim their compulsory share on the first death (section 2303 German Civil Code). A compulsory-share penalty clause attaches a consequence to a sibling demanding it that early. Whether it holds depends on how it is worded.
03
The interface with social benefits law is left unresolved
Some drafts promise that the assets are safe from any access. I regard such statements as dishonest as long as nobody has looked at the child's benefits position. The order is: first build the inheritance law arrangement, then have the questions of crediting clarified, then sign.
How I proceed
01
Initial consultation
At Jakordenstrasse 8 or by video I record the family and the assets: who belongs to it, what exists, which dispositions are already in place, and whether there is a legal guardianship or powers of attorney.
02
Draft and notarial recording
I draft the will with prior inheritance, a legacy of the remainder, executorship and substitute-heir provisions, explain each provision sentence by sentence, and agree the recording appointment with the notary's office.
03
Interface with social benefits law
Where questions of benefits arise, I identify the interface and tell you which points you should have clarified there before the document is signed.
A will of this kind in Cologne: appointments and jurisdiction
My office is at Jakordenstrasse 8 in Cologne. Appointments take place there, by video or by phone on request. Clients come from Cologne and the surrounding area, from Bergisch Gladbach, Leverkusen, Bruehl or Pulheim. Anyone living further away works with me digitally. The notarial recording takes place at a notary's office near you.
For the estate itself, the probate court at the Cologne Local Court has jurisdiction if the deceased had their last habitual residence here. If that was in a neighbouring municipality, it is the local court there.
A typical situation
01
Two parents in their mid-sixties, a Berlin will from the nineties
An adult son with a disability in supported accommodation, two other children, a flat in Cologne. The son becomes prior heir, the remainder passes by legacy to one of his sisters, continuing executorship keeps the administration in one pair of hands, and a penalty clause puts an early compulsory-share demand in question.
YOUR QUESTIONS
Frequently asked questions
Yes. It is an ordinary will that tailors the general drafting tools of prior inheritance, legacy and executorship to a particular family situation. What form the disposition requires and whether further steps are necessary depends on the arrangement chosen. The name is a practical term, not a category in the statute.
In a Berlin will the children become full heirs after the death of the surviving parent, so the assets fall entirely into their own estate. This arrangement makes your child a prior heir and allocates the remainder as a legacy to a third person. That keeps the parents' assets steered, even if your child dies before them or soon after them.
They carry out your provisions and administer the assets for your child, often over many years: paying running costs, preserving the assets, communicating with authorities and institutions, relieving the siblings. It makes sense to choose someone who fits your family and can carry the task, plus a substitute and an agreed remuneration. If you would rather not name anyone, we will find a solution for that too.
I bill by time; my hourly rate is 280 euros plus 19% VAT. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. The initial consultation is also billed by time. The effort depends on the number of people involved and on how much of the existing dispositions has to be replaced. Notary costs are additional and depend on the value of the assets.
While you still have testamentary capacity and can decide calmly. An arrangement with prior inheritance, a legacy and executorship needs to be coordinated between everyone involved, and that rarely succeeds under time pressure. After every major change, such as your child moving or an inheritance coming into the family, it is worth reviewing the document again.
Planning provision for your child
Bring what you have: existing wills, an overview of the assets, information about your child's situation. In the initial consultation we clarify which arrangement fits your family. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.
INHERITANCE LAW
A will for a child with a disability: securing their future
When planning their estate, parents of a child with a disability face a question other families do not: what happens to the assets once both parents are gone, and whether those assets actually reach the child. A will designed for this situation is one possible answer. I am Dr Hanna Schmidt, a lawyer for inheritance law in Cologne, and I draft such wills myself.
A will for a child with a disability: what the arrangement achieves
The term describes no separate statutory instrument, but an arrangement made up of two building blocks. Your child is frequently appointed as prior heir. In case your child dies before you or shortly after you, the will allocates the remainder as a legacy to a third person. The assets are not to fall into the child's own estate.
One limit belongs openly on the table. Whether a benefit is credited against entitlements to social support, or whether an authority can reach it, is governed by social benefits law and is clarified case by case with specialists in that field. The arrangement almost always includes continuing executorship. The executor administers the assets for your child, pays running costs and relieves the siblings.
Where such a will fails in its purpose
01
The Berlin will is carried over unchanged
In a Berlin will the children are to become full heirs after the death of the surviving parent. The assets fall into the child's own estate, which is exactly the situation the arrangement is meant to avoid. An existing will has to be rethought completely, not merely supplemented.
02
The compulsory-share penalty clause is missing or misses its mark
If the child with a disability becomes prior heir, siblings can claim their compulsory share on the first death (section 2303 German Civil Code). A compulsory-share penalty clause attaches a consequence to a sibling demanding it that early. Whether it holds depends on how it is worded.
03
The interface with social benefits law is left unresolved
Some drafts promise that the assets are safe from any access. I regard such statements as dishonest as long as nobody has looked at the child's benefits position. The order is: first build the inheritance law arrangement, then have the questions of crediting clarified, then sign.
How I proceed
01
Initial consultation
At Jakordenstrasse 8 or by video I record the family and the assets: who belongs to it, what exists, which dispositions are already in place, and whether there is a legal guardianship or powers of attorney.
02
Draft and notarial recording
I draft the will with prior inheritance, a legacy of the remainder, executorship and substitute-heir provisions, explain each provision sentence by sentence, and agree the recording appointment with the notary's office.
03
Interface with social benefits law
Where questions of benefits arise, I identify the interface and tell you which points you should have clarified there before the document is signed.
A will of this kind in Cologne: appointments and jurisdiction
My office is at Jakordenstrasse 8 in Cologne. Appointments take place there, by video or by phone on request. Clients come from Cologne and the surrounding area, from Bergisch Gladbach, Leverkusen, Bruehl or Pulheim. Anyone living further away works with me digitally. The notarial recording takes place at a notary's office near you.
For the estate itself, the probate court at the Cologne Local Court has jurisdiction if the deceased had their last habitual residence here. If that was in a neighbouring municipality, it is the local court there.
A typical situation
01
Two parents in their mid-sixties, a Berlin will from the nineties
An adult son with a disability in supported accommodation, two other children, a flat in Cologne. The son becomes prior heir, the remainder passes by legacy to one of his sisters, continuing executorship keeps the administration in one pair of hands, and a penalty clause puts an early compulsory-share demand in question.
YOUR QUESTIONS
Frequently asked questions
Yes. It is an ordinary will that tailors the general drafting tools of prior inheritance, legacy and executorship to a particular family situation. What form the disposition requires and whether further steps are necessary depends on the arrangement chosen. The name is a practical term, not a category in the statute.
In a Berlin will the children become full heirs after the death of the surviving parent, so the assets fall entirely into their own estate. This arrangement makes your child a prior heir and allocates the remainder as a legacy to a third person. That keeps the parents' assets steered, even if your child dies before them or soon after them.
They carry out your provisions and administer the assets for your child, often over many years: paying running costs, preserving the assets, communicating with authorities and institutions, relieving the siblings. It makes sense to choose someone who fits your family and can carry the task, plus a substitute and an agreed remuneration. If you would rather not name anyone, we will find a solution for that too.
I bill by time; my hourly rate is 280 euros plus 19% VAT. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. The initial consultation is also billed by time. The effort depends on the number of people involved and on how much of the existing dispositions has to be replaced. Notary costs are additional and depend on the value of the assets.
While you still have testamentary capacity and can decide calmly. An arrangement with prior inheritance, a legacy and executorship needs to be coordinated between everyone involved, and that rarely succeeds under time pressure. After every major change, such as your child moving or an inheritance coming into the family, it is worth reviewing the document again.
Planning provision for your child
Bring what you have: existing wills, an overview of the assets, information about your child's situation. In the initial consultation we clarify which arrangement fits your family. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.