General power of attorney beyond death
In the event of death, several people often inherit who can initially only dispose of the estate jointly. If you give an individual a general power of attorney beyond death, you authorize him to carry out all necessary legal transactions until the community of heirs has disputed.
If you grant someone a general power of attorney, this is generally effective without any formal requirements and will apply beyond your death unless otherwise agreed. It only expires if you revoke the power of attorney or the proxy dies.
Authority beyond death: meaning and purpose
- After your death, your heirs usually have to apply for a certificate of inheritance, which is only issued after a few weeks.
- Until the dispute between the community of heirs, only all heirs can collectively over your property and no withdrawals or transfers from your bank accounts until the certificate of inheritance is presented make.
- In most cases, however, immediate action is needed to pay for funeral expenses and meet ongoing obligations.
- Even if you have permanent contractual relationships from which you generate income, for example property rent or run a business, you should remember that after your death someone on site should be able to act immediately.
- The granting of a general power of attorney does not change the division of the estate provided for in accordance with the legal succession. It only authorizes the proxy to act in the interests of the deceased, i.e. in the interests of the community of heirs. If the authorized representative enriches himself on the estate, he must compensate for his advantage over the co-heirs.
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Advantages of a notarized general power of attorney
- In many cases, it makes sense to have the power of attorney certified by a notary.
- The general power of attorney is informally effective after your death and must be accepted by every business partner. Banks However, those who have to comply with special internal regulations always require the submission of a certificate of inheritance or notarial will or a notarized power of attorney before giving someone access to a account grant.
- In addition, a notarized power of attorney is required if you want to instruct the proxy to do so, even before the inheritance dispute to dispose of real estate, shares or other assets that meet the special formal requirement subject.
- However, if you do not see any need for formal legal transactions and want to save yourself notarization, you can You go to your bank with the person you trust and use the bank power of attorney form that is commonly used there to go beyond your death To give. If so, remember to create an additional general power of attorney for other matters.
Think early on about what assets you will leave behind and what your heirs will have to arrange immediately after your death. If necessary, seek advice from a notary.
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