Anyone wishing to arrange their succession in a binding, non-unilaterally revocable way often chooses an inheritance contract. Unlike a will, it is binding – which creates certainty but can also become a trap. Here you learn when an inheritance contract makes sense.
What is an inheritance contract?
An inheritance contract (Erbvertrag) is a notarised agreement between the testator and at least one other person about succession. It is often concluded between spouses, partners or in the context of business succession – for example when the future heir takes on care or cooperation in return.
Inheritance contract or will – what is the difference?
- Form: the inheritance contract must be notarised; a will can also be handwritten.
- Binding effect: the inheritance contract is binding and cannot be changed unilaterally. A will can be revoked freely at any time.
- Parties: the inheritance contract is concluded with a contracting party; the will is unilateral.
The binding effect is the decisive point: what was agreed as binding in the inheritance contract cannot later be changed by the testator alone – not even through a new will.
Risks and limits
The binding effect can later prove a disadvantage if circumstances change. Cancellation is generally only possible by mutual agreement or through an agreed right of withdrawal. An inheritance contract also does not remove the compulsory portion of disinherited close relatives.
⚠️ Have rights of withdrawal and amendment included from the outset. Without them you are locked into the binding effect – even in the event of a dispute or separation.
Planning your succession or disinherited? More on the compulsory portion and on contesting a will.