Special Needs Will (Behindertentestament)

Under German law, a special needs Will (Behindertentestament) is a Will that allows the estate to be used for the needs of the disabled child without the government being able to access the disabled child's inheritance. To achieve this goal, the special needs Will contains the following rules: 

• The disabled child becomes an heir. The share of the disabled child must be higher than the compulsory portion, as otherwise an additional compulsory portion can be demanded, which the government could transfer to itself in accordance with Section 93 Para. 1 S. 1 SGB XII.
• The disabled child only becomes a preliminary heir (Vorerbe) in order to prevent the estate from being liable for the social benefits provided in the last ten years. The assets subject to prieliminary heirship are not realisable assets under German social security laws within the meaning of § 12 SBG II, § 90 SGB XII.
• Extened administration of the estate (Verwaltungsvollstreckung)  is ordered for the inheritance share of the disabled child in accordance with § 2209 BGB until the child's death, so that the proceeds of the inheritance are not accessible to the social authorities.
• The executor is instructed in the Will only make payments to the disabled child that are not already borne by the German government.