Glossary

severance (heir buy-out). A single co-heir leaves the community of heirs against a settlement, without the community being dissolved — often the calmest path when one wishes to leave and another to stay.

apostille. An international authentication for public documents in third countries (Hague Convention). Within the EU, civil-status documents such as death certificates have been exempt from it since 2019.

division of the estate. The dissolution of the community of heirs — by pay-out, a joint sale or, as a last resort, an auction.

disclaiming an inheritance. The declaration not to accept an inheritance — usually because of over-indebtedness; the deadline is six weeks from becoming aware (Section 1944 BGB).

will protecting a disabled heir. An arrangement that secures the estate for a child with a disability without the social-welfare authority reaching it — via prior and subsequent inheritance with execution of the will.

joint spousal will. A joint will in which spouses appoint each other sole heirs and name final heirs — usually the children (§ 2269 BGB); a particular feature of German law.

legal guardianship. Appointed by the guardianship court when a person can no longer manage their own affairs and no power of attorney exists.

care directive. A wish stated in advance as to whom the court should appoint as guardian, should guardianship become necessary (Section 1816 BGB).

personal contribution (care). The share of nursing-home costs that residents bear themselves — risen markedly in recent years.

community of heirs. When several people inherit together, they automatically form a community of heirs. They can only decide about an inherited house jointly.

certificate of inheritance. An official certificate that identifies the heirs and their shares.

contract of inheritance. A notarised contract on succession that — unlike a will — is binding and cannot be revoked one-sidedly (Section 2274 BGB).

supplementary curator. A person appointed by the family court to represent a minor child wherever the parents are legally barred from acting (Section 1809 BGB) — for instance because a parent is a co-heir themselves. For adults under guardianship, a supplementary guardian appointed by the guardianship court takes this role (Section 1817 (5) BGB).

European Certificate of Succession. An EU-wide recognised proof of the status of heir; it eases inheritance across national borders (Art. 62 et seq. EU Succession Regulation).

land register. The official register of ownership and legal interests in land; here a right of residence and a usufruct are secured.

mediation. A formal procedure of conflict resolution under the German Mediation Act (Mediationsgesetz): voluntary, confidential (Section 4 MediationsG), guided by an impartial, independent mediator without the power to decide. Wahrgut’s own moderation is deliberately called clarification (Klärung); a formal mediation is conducted only by an independent, BAFM-qualified mediator.

estate. The entire assets together with the liabilities left behind by a deceased person.

usufruct. The right to use a property or to draw income from it, without being its owner.

policyholder duty (Obliegenheit). A duty arising from the insurance contract — such as reporting a vacancy or draining the pipes. Breaching it risks a reduced or lost payout when damage occurs.

advance healthcare directive. A written statement made in advance of which medical measures one wishes or refuses should the need arise (Section 1827 BGB).

compensation for care. A balancing among siblings for the fact that one child cared for the parents; it raises that child’s share when the estate is divided (Section 2057a BGB).

care allowance. A cash benefit from long-term care insurance for those in need of care who are looked after at home by relatives (Section 37 SGB XI).

care grade. The classification of care needs into five grades; it determines which long-term-care-insurance benefits apply (Section 15 SGB XI).

compulsory share. Close relatives are entitled to a minimum share of the estate, even if they were passed over in the will.

supplementary compulsory share. An additional claim that adds gifts from the last ten years back to the estate, so they cannot hollow out the compulsory share (Section 2325 BGB).

gift & tax allowances. A transfer during one’s lifetime; at regular intervals allowances apply up to which no gift tax is due. Arrangements are made through a notary or tax adviser.

protected assets. The protected assets that need not be used up for social benefits — such as the personal contribution to care (Section 90 SGB XII).

partition auction. The court-ordered forced sale of a jointly owned property when heirs cannot agree — usually with a marked loss in value. It can almost always be avoided.

executor. A person named in the will who carries out the last wishes and administers the estate (Section 2197 BGB).

respite care. Substitute care when the usual carer is temporarily unavailable — for instance through holiday or illness (Section 39 SGB XI).

market value. The objectively determined market value of a property — the neutral basis for a fair pay-out or a sale.

legacy. A single item or sum granted in a will — distinct from inheriting a whole share.

lasting power of attorney. A power of attorney by which a trusted person may act for you should the need arise.

right of residence. The right to continue living in a property — often agreed when a home is passed on during the owner’s lifetime.