In summer 2022, our team at activelaw not only grew by a new colleague, but also by a new area of law for us: Andreas Rissling is a lawyer, specialist in inheritance law and has been working for us as Of Cousel since July 1, 2022. We were able to ask him a few questions to get started — about his area of expertise and beyond.
Mr. Rißling, what appeals to you about inheritance law?
From a purely legal point of view, inheritance disputes are, of course, lucrative mandates for us — after all, they often involve high property values. I find the conflicts very interesting and highly emotional — often even more emotional than family law cases. This creates a very strong bond with the client. I do not think that is so pronounced in other areas of law.
Inheritance law is “high-tech” law — a really difficult and complex area of law. Even after more than 20 years, I am far from saying that I have mastered everything in this area of law. It is often a wild ride through the paragraphs.
As a layperson, can I then simply write my will myself?
Yes! There are two types of wills — the notarial will and the handwritten will. Both are subject to formalities. As the name suggests, the handwritten will must be written by yourself and by hand. It should be obvious that it is the author's last will, signed by him or her and contain a date — this is not compulsory, but I recommend that because in case of doubt, an Old Testament is replaced by a newer one.
IIn many families, it is foreseeable that inheritance disputes may arise without a will — for example because there are children and stepchildren or simply a large community of heirs. What is the best way to talk to relatives about the subject of wills?
That is very difficult. I don't think there is a general standard for this either, because it always means dealing with one's own death. Most people like to push that as far away from themselves as possible. From my experience, however, I can only say that anyone who has a complicated family structure has no other option than to think about their will in good time. Otherwise, either the legal order of succession will take effect — or you leave a bad will and even that doesn't work out as the testator had imagined. He won't notice that anymore — but a will that was not drawn up properly can lead to major disputes. With a will that is at least clearly and unambiguously formulated, I can at least reduce disputes to a minimum.
Can you tell us about a case that you are particularly proud of?
There was a case at the very beginning of my career. It was about an apartment building and two daughters who were so enemies even before their parents died that they settled down. The father had transferred the house to one of his daughters while he was still alive. Since I was new to inheritance law, I did not yet know the paragraph on the compulsory share supplement claim — but then luckily I had a seminar in which just this paragraph — Section 2287 BGB — was explained. As a result of this lucky coincidence, I was able to buy half of the apartment building for my client.
Is your job more of an art or a science?
Hmm. Inheritance law is already heavily scientifically oriented, but when we expand art in terms of sociology or education, it is also an art. It's often very emotional: In my experience, around 70 percent of inheritance disputes are actually sibling disputes. Siblings know each other from their nurseries and can never separate. My sister is always my sister, my brother is always my brother — you can't get divorced, as is possible with spouses.
What can we learn about your private life?
I was born in Hanoverian. I studied in Bayreuth and Göttingen, plus a stay abroad in London. My great passion is sport: And not only do I like to watch sports (but I also like to watch everything possible), but I have three core sports. I used to be very good at handball, and I rowed for years and also became German runner-up three times. In the last 10 to 12 years, I've ridden a lot of racing bikes — big bike marathons, such as the Ötztal Cycle Marathon from Sölden across several alpine passes. I also drove a race across the Alps once in one day, 252 km and 6,300 meters of altitude difference.
