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Anyone wishing to transfer their real estate assets in an orderly manner faces a choice: a will or an inheritance contract? Both instruments have different strengths and binding effects. For property owners in Fürth who want to establish clear, reliable arrangements for their residential properties, the difference between the unilateral flexibility of a will and the mutual reliability of an inheritance contract is crucial to making the right choice. A wrong decision can lead to unnecessary costs, legal disputes, or the failure of long-term plans.
A will (Sections 1937-1941 BGB) is a unilateral testamentary disposition: The testator alone decides who will inherit and may change this decision at any time by drafting a new will or revoke it in writing pursuant to Section 2254 BGB. This provides maximum flexibility-but no certainty for the beneficiary.
The inheritance contract (Sections 2274-2302 BGB) is a bilateral contract: It must be concluded simultaneously by all contracting parties before a notary (Section 2276 BGB). It is binding on the testator-he or she can no longer revoke the dispositions made in the inheritance contract by a subsequent will (Section 2289 BGB). The other contracting party can rely on the commitment. This provides the beneficiary (e.g., a child who is to take over the family business) with planning security.
Important: The inheritance contract often also contains lifetime clauses-the testator retains the right to gift or sell the tied-up assets during his or her lifetime (Section 2286 BGB). The inheritance contract only takes effect after the testator’s death. A compulsory portion penalty clause can be added to safeguard claims to the compulsory portion.
| Feature | Holographic Will | Notarized Will | Inheritance Contract |
|---|---|---|---|
| Form | Entirely handwritten + date + signature | Notarized certification | Mandatory notarization (Section 2276 BGB) |
| Notary fees (estate value €500,000) | None | approx. €585-935 (0.5 fee) | approx. €935-1,870 (0.5-1.0 fee) |
| Binding effect | None - can be changed at any time | None - can be changed at any time | Binding - no unilateral revocation |
| Revocation | At any time, informally or notarized | At any time | Only by mutual agreement or withdrawal |
| Mutual dispositions | Not possible | Only in a joint will | Possible |
| Filing with the court | Recommended (€15-50) | Automatic | Automatic |
| Suitability for real estate | Good for simple cases | Very good | Very good for business transfers |
Source: BGB §§ 1937 ff., 2274 ff., GNotKG, Bavarian Chamber of Notaries, as of Q1/Q2 2026.
Notarization is mandatory for an inheritance contract-unlike for a holographic will. For real estate assets, however, it is advisable to consult a notary in both cases, as the correct wording has significant implications. A self-written will containing ambiguous clauses regarding real estate transfer can lead to years of disputes over interpretation and costly litigation.
In the advisory practice of the Fürth notaries (Notary District of Middle Franconia), a clear picture emerges. For most families without complex business structures, a joint will (for married couples) or an individual will is sufficient.
An inheritance contract is recommended in certain situations:
Business succession and farm transfer: The child who is to take over the business or property needs planning security. A testator could change a will tomorrow-but not an inheritance contract. When transferring a multi-family home in Fürth’s Südstadt or a commercial business, this reliability is crucial.
Blended families with complex interests: If a spouse has children from a previous relationship, the inheritance contract can ensure that these children are not disadvantaged by a revocation of the will following remarriage. The binding effect permanently protects the children from the first marriage.
Mutual protection outside of marriage: Unmarried partners can name each other as beneficiaries in an inheritance contract-the joint will is available only to spouses and registered partners.
> For realistic succession planning, you need an up-to-date property valuation. The valuation tool from leadmarkt.ch provides a quick, data-driven estimate for properties in Fürth-a starting point for your appointment with the notary.
When transferring a property in Fürth as part of an anticipated succession during one’s lifetime, however, a combination of a notarized gift agreement and a will is sufficient-an inheritance contract is then unnecessary.
The inheritance contract cannot be unilaterally revoked-this is its essential characteristic. However, it can be rescinded under certain circumstances:
Rescission Agreement (Section 2290 BGB): Both parties may rescind the inheritance contract by mutual agreement through a new notarized contract. This is always possible as long as both parties are alive and in agreement.
Withdrawal in Cases of Contractual Withdrawal Rights (Section 2293 BGB): If the inheritance contract itself provides for a right of withdrawal (e.g., in the event of certain life events such as divorce or failure to fulfill a consideration), the testator may withdraw. The withdrawal must be notarized.
Withdrawal due to breach of duty (Section 2295 BGB): If the contractual heir seriously breaches an obligation imposed on them in the inheritance contract, the testator may withdraw. This requires a significant breach of duty.
Termination of the contract after death: After the testator’s death, the inheritance contract is generally final. A right of rescission exists only in narrow statutory exceptions.
From an inheritance tax perspective, there is no significant difference between an inheritance contract and a will. The tax-exempt allowances (500,000 euros for spouses, 400,000 euros for children, 200,000 euros for grandchildren, 20,000 euros for Class III beneficiaries) apply in both cases. The tax classes under Section 15 of the Inheritance Tax Act (ErbStG) are determined by the degree of kinship-regardless of whether the benefit is provided through a will or an inheritance contract.
A tax difference may arise in the valuation of the estate: If the inheritance contract provides for a specific consideration (e.g., a duty of care), this may reduce the tax base as a deductible liability.
Fürth is the third major center of the metropolitan region, alongside Nuremberg and Erlangen. The Fürth Local Court, as the probate court, has jurisdiction over all decedents whose last place of residence was in Fürth. In cases involving inheritance contracts (contestation, disputes over withdrawal), the Nuremberg-Fürth Regional Court is the competent court of first instance.
The Fürth Notary’s Office (Middle Franconia Notarial District) authenticates inheritance contracts and wills for Fürth property owners. When drawing up an inheritance contract, all parties must appear before the notary at the same time-unlike with a joint spousal will, where signatures may be provided at separate times.
In Fürth, the 2026 real estate market is characterized by a mix of Wilhelminian-era properties and newer residential projects. Single-family homes in neighborhoods such as Poppenreuth, Vach, or Sack cost €400,000-650,000, while condominiums in Südstadt or the city center cost €3,000-4,200 per square meter. Given these values, having the estate plan notarized is no mere formality.
The choice between a will and an inheritance contract depends on the question: Do I need flexibility or reliability? For most property owners in Fürth, a notarized will is sufficient and more cost-effective. However, anyone who wants to make a binding commitment to transfer a property to someone and secure this commitment legally should choose the inheritance contract.
To make an informed decision, you need current values. The valuation tool from leadmarkt.ch provides a quick overview of your real estate holdings in Fürth-the right starting point for consulting with a notary and choosing the appropriate instrument.
Regardless of whether the bequest is made via a will or an inheritance contract: beneficiaries entitled to a statutory share cannot be left with nothing. Children, parents (in the absence of children), and spouses are always entitled to a statutory share of 50% of the legal inheritance-this applies equally to both instruments.
While an inheritance contract can favor certain individuals and exclude others, it cannot eliminate the statutory compulsory portion. If you wish to avoid claims to the compulsory portion, you must enter into notarized agreements waiving the compulsory portion with the parties involved.
A will can be deposited with the Fürth Local Court (one-time deposit fee of approximately 75 euros) or with a notary (annual fee). Depositing the will with the court guarantees that it will be automatically opened after death-if kept privately, there is a risk that it will not be found or will be destroyed.
The inheritance contract is generally placed in official custody with a notary and automatically reported to the probate court. This makes it more reliable in this regard than a handwritten will kept privately.
A practical area of application for inheritance contracts in Fürth involves family-owned craft businesses and smaller companies. If one child is to take over the business and the other children are to be financially compensated, the inheritance contract is the appropriate instrument: It provides the child taking over with a reliable commitment-and protects them from a last-minute change to the will.
The acquisition of business assets through an inheritance contract enjoys inheritance tax benefits: Under Section 13b of the German Inheritance Tax Act (ErbStG), business assets may be transferred tax-free at a rate of 85% (standard exemption) or even 100% (optional exemption) under certain conditions, provided the business is continued for at least 5 or 7 years.
This tax benefit applies regardless of whether the transfer is made by will or inheritance contract-a further argument that the choice of instrument ultimately depends on the requirements for binding effect and planning security, not on tax considerations.
Before your appointment with the notary, it’s worth doing a quick self-assessment using these questions. Answering them honestly will help you clearly determine which instrument is right for you.
Do I need absolute certainty of binding effect for a beneficiary-e.g., because I want to make a binding commitment to my child regarding the business property and need to be sure I won’t change the will later? Then the inheritance contract is the right choice.
Am I a spouse and do I want to arrange mutual financial security with my partner and designate the children as final heirs, without complicated structures? Then a joint will is sufficient-simpler, more affordable, and standard practice in the notary district of Middle Franconia.
Do I want to keep my decision open and, for example, reassess it in ten years depending on how my children have developed? Then a will (handwritten or notarized) is the more flexible option.
Do I have business assets in addition to real estate, as well as heirs entitled to a compulsory share who must be compensated? Then it’s worth consulting a notary in Fürth who can consider both instruments in combination.
In Fürth, where prices for existing properties range between €3,000-4,200 per square meter, estate planning is relevant even for those with moderate assets. Well-informed, personalized advice almost always pays off.
Prepared by the my-home.de editorial team in collaboration with regional real estate analysts. Data as of: Q1/Q2 2026.
A will is a unilateral document and can be amended or revoked at any time. A contract of inheritance is a bilateral agreement between the testator and the beneficiary-it is binding and cannot be revoked unilaterally. A contract of inheritance is more suitable for ensuring reciprocity and providing planning certainty.
The inheritance contract must be notarized. The costs are determined in accordance with the Notary Fees Act (GNotKG) and the value of the estate. For an estate valued at 500,000 euros, notary fees range from approximately 935 to 1,870 euros (0.5-1.0 fee). A notarized will costs about the same, but is slightly less expensive.
Yes, but only if the inheritance contract itself provides for a right of rescission (Section 2293 of the German Civil Code) or if the other party breaches an obligation imposed on them by the contract, thereby giving rise to a statutory right of rescission (Section 2295 of the German Civil Code). The rescission must be notarized.
In a contract of inheritance, the testator can make a binding agreement regarding the specific allocation of real estate-the beneficiary can rely on this commitment. A will allows for greater flexibility. In cases of anticipated succession (transfer during the testator’s lifetime), a contract of inheritance is often unnecessary-a gift combined with a will is sufficient.
Yes. A contract of inheritance can be binding with respect to certain dispositions (e.g., the allocation of a house to a child), while a will applies in addition to those provisions for assets not covered by the contract. Important: The will must not undermine the provisions of the contract of inheritance-otherwise, it is invalid to that extent (Section 2289 of the German Civil Code).
Responsible Editorial
myhome Redaktion
Note on content
This guide article serves as general information about the real estate market in Nuremberg and the surrounding region. It does not replace individual tax advice, legal advice, or expert valuation in specific cases. For binding information, please contact a tax advisor, attorney, or certified appraiser.
Market data, prices, and statutory provisions may change at short notice. Despite careful research, we assume no liability for the accuracy, completeness, or timeliness of the content.
Article as of March 3, 2026
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