Succession contract — form requirements and the notary's role

What is this contract?

A succession contract is a binding agreement between the bequeather and another party about who receives the estate. This is the whole difference from a will: a will can be rewritten at any time, but the bequeather cannot later withdraw from a succession contract alone. That binding effect is often the very point of the contract — for example when someone undertakes to care for the bequeather for the rest of their life and wants certainty that the arrangement will not change later.

What has to be agreed

• Clear identification of the bequeather and the other party
• Who receives the estate and to what extent
• Whether the other party takes on obligations in return, and which
• Whether and on what conditions a party can withdraw from the contract
• Validity of earlier dispositions

How it works at the notary

1. Book an appointment with a notary — both parties must attend with an identity document.
2. Discuss what is being agreed and what the mutual obligations are.
3. The notary drafts and authenticates the contract and explains to both parties what its binding effect means.
4. The contract is entered in the succession register, where it is found after death.

Frequently asked questions