Why single parents should also make a will - preventing an ex-partner from accessing the inheritance

Schleswig-Holstein Chamber of Notaries. A will can and should not only specify who inherits something. Many single parents who have underage children, for example, want to prevent the other parent from gaining access to the inheritance at a later date. This is precisely the danger.

Property custody is also part of custody

If a single parent dies and the other parent is awarded custody, they can manage the joint children's inheritance. This is because part of custody is the custody of assets. If the parents previously had joint custody, this is automatically transferred to the parent who is still alive. If, on the other hand, the single parent had sole custody, it is transferred to the other parent after their death, provided this is not contrary to the best interests of the child. Anyone wishing to prevent their ex-partner from accessing their inheritance must draw up a will. If necessary, the will can state why a transfer of custody would be contrary to the best interests of the child.

Single parents can appoint a guardian

Parents who have sole custody can appoint a guardian for their minor offspring in their will. They can also specify who should not take over guardianship under any circumstances. The single parent should only choose someone they fully trust and inform them of the intention and where the will is to be kept. If no one is named in the will, the family court will appoint a guardian.

Excluding ex-partners from asset custody

In the event that the ex-partners have joint custody when the single parent dies or the other parent receives custody, they can be excluded from the custody of assets in the will. The exclusion only applies to the assets that the children inherit from the single parent.

Provision in case the children also pass away

Single parents should also consider the possibility that the children could die after them without leaving any descendants of their own. Their assets would then pass to the living parent with the single parent's inheritance. The only way to prevent this is by making a will that provides for prior and subsequent inheritance. For this purpose, the single parent appoints the children as prior heirs and designates a subsequent heir who will receive their share of the inheritance in the event of death.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.