Parents of a child with a disability often want their estate to benefit that child over the long term while also taking account of the interaction between inheritance law and German social-benefits law. A so-called disabled persons’ will is an established planning instrument for this purpose.
What is the objective?
The core question is how the beneficiary can participate in the estate and receive additional support from inherited assets. The arrangement needs to take both inheritance-law and social-law considerations into account.
Prior and subsequent succession
A common structure appoints the beneficiary as a restricted prior heir and another person as subsequent heir. This can preserve the intended long-term structure of the inherited assets.
The role of executorship
Long-term executorship is often a central element. The executor administers the inherited share and can make benefits available within the framework set by the will.
Individual drafting matters
Standard clauses rarely reflect every family situation. The size of the estate, family structure, existing support arrangements and the desired succession should be coordinated carefully.