mcs@mcslawyers.com – Probate Will Writing Specialist Solicitors MSC Lawyers UK

What does a “execution of wills” mean?

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Anyone who deals with the inheritance law has ever heard the concept of the “execution of the will”. But few know what is actually behind the concept of the execution of the will.

First, the knowledge that an execution of the will only occur if this the testator in his will or his inheritance has arranged is important. There is not an execution of the will without a corresponding order by the testator in his will. The executor of a will is used in particular not institutionally or by the Probate Court, to facilitate about the handling of a problematic succession.

OB and the deceased one or several executors uses and the executors entrusted with what tasks the testator, is whether the decision of the deceased alone. The testator can an executor with reference to the legal provisions in §§ 2197 so in his will of free choice by the order of execution of the will see off, et seq. BGB (German civil code) insert or decidedly set but also the executor in his will, what are my rights and it has tasks and what the deceased he expected.

What does the executor?

On the question of what does the executor of the will, the testator to decide. Two different types of execution of wills have emerged in practice.

So the deceased can confine themselves to appoint the executor with the settlement of the inheritance. In this case, the executor has to implement only the dispositions made by the testator in his will after the opening of the succession. The so-called settlement enforcement is the norm for the enforcement of a testament arranged by the testator.

The executors of the will with the mere management of the estate is in charge, then he must sift the estate as a rule, take possession, those claims are directed against the estate (E.g. legacies, inheritance tax receivables of the tax office) to regulate and then distributing the estate among heirs.

An administrative enforcement can take a long time

The pure processing of inheritance, the testator may entrust the executor of a will but also with the task to manage the estate for a certain period of time. Such a period may extend up to 30 years after the opening of the succession, BGB § 2210. Only the estate to the heirs goes after that maximum thirty-year period. An executor representative with the administration of the estate is generally not entitled to the confrontation of the estate.

Without good reason is a testator not order usually however such a duration of enforcement by the executor of a will, is will be, but basically when the deceased, that he wants to transfer his assets to the heirs or the.

In practice, there is a – also longer lasting – administrative enforcement especially in underage heirs eligible to get asked the executor of a will on the page at least until they reach the age of majority.

The impact of the execution of the will

In his Testament , the testator has arranged an execution of the will, the heirs or the consequences are drastic.

Although the heirs of the deceased of course by the order of execution of the will not lose their status as heir, the legal status of the heirs by an ordered execution of the will is substantially impaired.

As long as the execution of the will persists, has the right to the individual discount items owned by the executors of the will (and not the heirs). Also S. 2 is entitled to dispose of the items belonging to the estate only the executors (and not the heirs), § 2205 BGB.

What rights does the heir?

Notwithstanding this comprehensive transfer of rights on the executors of the will, the right to decide whether he wants to accept the registered his inheritance at all or if he wants to beat out the inheritance of course remains the heirs.

Also, the heritage in individual cases may limit his liability. He can create an estate inventory or request, if necessary, the administration of estates or the initiation of probate proceedings.

A reserved portion entitled heritage can escape the constraints associated with the order of execution of the will even to entirely. Namely, according to § 2306 BGB, he has the right to knock out the inheritance (charged with the execution of the will), and to demand its unloaded part of the will writing duty .

What opportunities have spouses to settle their succession?

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Many a federally recognised marriage or registered partnership couples live together in UK. 9.9 million marriages without children were registered in the year 2012. At the same time, about 8 million married couples lived together with their children.

The law provides the marital life-partnership as a partnership with special requirements for the mutual respect and self-discipline.

Whatever the economic interests of both partners must be coordinated in a marriage. In this context, it is also the rule that the spouse together worrying about their succession scheme.

The law offers spouses as well as the partners of a registered life partnership possibilities, each isolated from each other or even jointly to govern their succession.

The individual will – each partner certified alone

No one is forced to create a testament together with his partner in a marriage. Rather, wife and husband may at any time alone to build a testament and there determine how the own assets to be distributed after the opening of the succession.

In such a will can, but must not the other spouse are employed as heritage. As well as each spouse may order but also in his individual will, that only children, a good friend, or the Catholic Church to be heir.

The law is the so-called private testament that must be written by the testator in spe entirely handwritten forms for a single will. As well, the spouse to a notary can go and there build a so-called public will. Both will waveforms are available, both are equally effective.

If a spouse divided his assets in a single testament to anyone other than his partner, he must keep the statutory reserved portion will writing in the eye. Generally, it is not possible to keep the spouse in the succession completely on own capital.

Testing the community testament – the spouses together

In addition to the single Testament, the law foresees the possibility further for spouses to testing § 2265 BGB (German civil code).

A common will enough even if a partner by hand written the content of the text and the other partner with signed. Of course, a common will also before a notary can be written.

The spouses can make the same inheritance rules in a common will, how they could do this in a single will.

So the spouses in a common will can limited entirely to engage each other as sole heirs .

The special feature of a community will is that the spouses, as far as they wish, can lead to a binding effect this will.

Depending on the chosen formulation, one spouse alone no longer easily can solve the jointly taken succession arrangements. This restriction applies both during the lifetime of both partners, and especially after the death of the first deceased spouse.

Full establishment of heirs and children as the final heirs or pre-and Sennacherib?

Spouses have to make a decision in principle the drafting of a common will regularly with children.

Often the spouses intend in her Testament first secured the first surviving spouse and to employ as heir after the death of the surviving spouse the family assets to their children to be.

Such a solution can be achieved in two different ways: parents can be mutually as sole full heirs and children as so-called final heir inserted. Alternatively, it is possible to rearrange a so-called pre – and Sennacherib according to § 2100 BGB. Overbore would be the surviving spouse, Mrs. children.

Which of the two solutions in each case is preferable, must be clarified in terms of the specific situation, the inheritance tax right and also the duty part right.

Spouses may conclude an agreement

Finally, spouses can govern their succession through the conclusion of a notarial testamentary contract.

A contract of inheritance must necessarily be notarized by a notary public. Considering these legal formality not the inheritance agreement is ineffective.

In a contract of inheritance, the same inheritance rules can be made in principle as a testament.

Ran his succession in a contract of inheritance, so it is also bound to this control basically. You can find no different arrangements, for example, in a later will, 2289 § BGB.

Design and leave a last will and testament at the solicitors – what does it cost?

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If one wants to control its own succession in a will, so it makes sense to consult a specialist in the formulation of own last will.

You can avoid ambiguities, gaps and errors in the will with a will formulated by an expert. The testator has the certainty that in the past will actually only rendered, which corresponds to the will of the deceased with the help of the lawyer. signing of the last will and testament

A lawyer experienced in the law of succession can contribute much to that settlement of the inheritance proceeding after the opening of the succession noiseless and without hassle and there are no disputes on the interpretation of individual orders in the Testament .

A lawyer costs money – Will writers

Of course, the recourse to a lawyer in preparing a will is not free. After completing his work, every lawyer in United Kingdom is his client an invoice.

The amount of the invoice will design created by the lawyer for his clients can vary this however in individual cases.

No discussions about the remuneration of the there’s usually when lawyer and client at the start of their cooperation have completed a written fee agreement. The lawyer will explain his client in this case, with what time it is connected to a testament draft. Also the law in its fee proposal will incorporate the liability risks associated with the processing of the mandate for him. In this context, it is quite understandable that the value of the estate is also on the amount of the fee required by the law.

What applies if no trust fee agreement has been completed?

However, the legal situation is interesting if the lawyer and his client have concluded no fee agreement. In this case, the lawyer is namely obliged to calculate his fee claim on basis of the lawyers remuneration Act (RVG).

For the lawyer and his client in that case but crucial question is what charges was for the design of a testament is relevant. Make sure you check with a bona fide will writing solicitor like https://willstrustslpa.co.uk/

Two fees facts occur in question:

Once the so-called business fee after preliminary note 2.3 (3) to no. 2300 VV RVG (compensation directory to the RVG). Such business fee can be billed according to the letter of the law for “the operation of the business including the information and for participation in designing a contract” .

As an alternative, the so-called consultation fee comes RVG according to § 34 into account. This fee can the lawyer “for an oral or written advice or information (advice)… and for the preparation of a written opinion request.

The big difference is between the business and the consulting fee, that the consultancy fee to an amount not to exceed 250 pounds is limited, while the business fee is unlimited to the top and by the value of the subject – i.e. the value of the estate – directed.

The consultation fee is therefore the properly applicable fees facts, then the lawyer can send an invoice for a maximum of 250 pounds plus statutory Understate his client for the design of a testament.

The business fee is applicable, however, is the amount of the invoice for the value of the inheritance and can be – at an appropriate discount value – like also once four or even soon.

Business fee or consultation fee? Legal Wills

On the question of argue which fee now correctly can be cleared for the draft of a will by the lawyer, considering the financial impact hardly surprising – the spirits.

In legal circles is considered of course, that a business charge can be billed for the design of a testament. The lawyer eventually run a business for its clients, which goes far beyond a despicable consulting.

The case law on this crucial point but is sharp disagreement. There are some sentences that give only the settlement of a consulting fee – the amount covered – the lawyer to draft of a will. The lawyer will only advice in this case, so the reasoning of the courts, and represent outside its mandates is not to a third party after.

In the light of that case-law can be lawyers only recommended to complete an adequate fee agreement with his testament willing clients. Absent such an agreement, the settlement of a business charge for the design of a will may be unlawful.