Inheritance agreements and waivers of inheritance
Personal advice. Careful preparation.
Binding estate arrangements require careful coordination. We advise the participants on structure, binding effect and the statutory requirements for an inheritance agreement.
An inheritance agreement allows several parties to make binding estate arrangements. We advise on benefits, legacies and agreements waiving inheritance, taking account of existing dispositions and statutory limits.
We explain the binding effect and prepare public notarisation with the participation of the two witnesses required by law. Marital and inheritance agreements can be coordinated in substance but remain legally distinct arrangements.
Structure binding commitments deliberately
An inheritance agreement can provide for inheritance benefits and coordinate estate arrangements. Which provisions are binding and which options remain available during lifetime depend on the specific agreement. We also explain the conditions for subsequent amendment or termination.
Regulate inheritance waivers and compensation transparently
An inheritance waiver may be agreed without payment or in return for compensation. We clarify the scope of the waiver, the treatment of any descendants and the relationship with existing dispositions. Assets and compensation must be sufficiently defined; tax questions should be examined separately where necessary.
Our procedure
- Estate objectives: Identify the participants and existing dispositions.
- Agreement structure: Specify the benefit or waiver precisely.
- Explain the consequences: Discuss the binding effect and limits.
- Notarisation: Execute the agreement in the required form with two witnesses.
Arrive well prepared
Existing wills and inheritance agreements, details of family and assets, and the objectives of all contracting parties are helpful for preparation. We coordinate the personal attendance of the participants and the two witnesses required by law before the notarisation appointment.
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More about inheritance lawFrequently asked questions about notarisation
Find practical guidance for your situation, grouped by notarial service. The specific requirements depend on your transaction; we clarify documents, attendance and costs with you before the appointment.
For families and parties planning an estate
When might an inheritance agreement be preferable to a will?
An inheritance agreement may be appropriate when several parties want a binding estate arrangement, such as a benefit or a waiver of inheritance rights. Unlike a will, which is generally revocable unilaterally, it can create contractual commitments. We explain which provisions are binding and what options remain.
Who must attend the notarisation of an inheritance agreement?
The contracting parties declare their wishes together before the notary and the two legally required witnesses. We coordinate the appointment, identification and witness eligibility in advance. Do not assume relatives can act as witnesses without checking with us, as statutory exclusions may apply.
What does a waiver of inheritance rights mean for me and my children?
The consequences depend on the agreement. We clarify the scope of the waiver, any compensation and its effects on your descendants. A waiver should therefore not be assessed solely by its name. Before signing, we explain the legal and financial consequences of the proposed arrangement.