inheritance law
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Inheritance – The Decision of the Testator
Inheritance law in Germany enjoys fundamental protection in accordance with Article 14 Paragraph 1 Sentence 1 of the Basic Law. Everyone has the right to regulate their estate at their own discretion or to accept an inheritance. The relevant regulations can be found in Sections 1922 to 2385 of the German Civil Code (BGB) or, in the case of an inheritance in another EU country, in the EU Inheritance Regulation (EU Inheritance Regulation, No. 650/2012). The order of succession determines who will inherit. The voluntary order of succession takes precedence over the statutory order of succession and can be determined by the testator through a will or inheritance contract with future heirs. When drafting a will, the testator is free to disinherit relatives or to determine the order of succession according to his or her last wishes.
Do you want to arrange your inheritance yourself? We can help you with the planning!
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testament
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With a will, you are prepared for the event of an inheritance. However, your final wishes must also be effective. We will explain the options available under inheritance law and show you what you need to pay attention to.
dispute between the community of heirs
Do you have a dispute within your community of heirs?
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enforce or defend your statutory share
An inheritance often has the potential to cause conflict, especially if certain family members are to be disinherited. We can help you!
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3If there is no will, the law takes effect – Legal inheritance
If there is no will or inheritance contract, or if these only cover part of the assets, the legal order of succession comes into effect. This is based on the degree of kinship. First, the descendants of the testator inherit, i.e. his children (including illegitimate or adopted children, but not stepchildren or foster children). Then come the testator's parents and finally other relatives. Spouses inherit together with relatives; registered life partners are treated the same as spouses in the inheritance. The property regime under which the spouses lived is taken into account. In the case of a community of accrued gains, the inheritance can increase accordingly. If there are several heirs, they form a community of heirs that acts as a joint community and must jointly take care of the division of the estate.
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Accept or reject an inheritance? – Making the right decision
According to universal succession, heirs assume the rights and obligations of the testator as the testator's universal successors. This means that they are responsible not only for the testator's assets, but also for his liabilities. In addition to funeral costs and grave maintenance, this also includes all debts and 30 days' maintenance for the testator's household. Therefore, in certain cases it may be advisable to renounce the inheritance. The inheritance automatically passes to the heir, which is why a renunciation must be made within a period of 6 weeks at the probate court. This period can also be publicly certified by a notary and forwarded to the court. The local court at the testator's last habitual residence is responsible for the renunciation, which also issues the certificate of inheritance. However, if the inheritance has been accepted, renunciation is no longer possible. However, it is still possible to contest the acceptance if the heir was mistaken about the value of the estate.
Is your inheritance becoming a debt trap? Let us advise you on renouncing and contesting it!
Legal share – the minimum amount of inheritance
Even if descendants and other relatives are disinherited, they retain a claim to the statutory share of the inheritance. This corresponds to half of the statutory share. However, the statutory share claim may be lost if the person entitled to the statutory share killed the testator or a close relative (or attempted to do so). Other reasons for the loss of the statutory share include an intentional breach of the maintenance obligation or serious crimes against the testator. It is also important to know that a statutory share can be reduced by previous gifts made by the testator.
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Your lawyers in inheritance law
Inheritance law is a constant topic in legal disputes, as it concerns the last will and testament. In our practice as lawyers, we have successfully resolved numerous, sometimes very complex cases in the interests of our clients.
The challenges in inheritance law are reflected in various examples from case law: Can someone inherit even though a criminal case for attempted murder is still pending? Will a child who has been conceived but not yet born be included in the line of succession?
Digitalization has also long since found its way into inheritance law: The Federal Court of Justice (BGH) ruled that parents have a right to the access data for their deceased child's Facebook account. Digital legacies, including online accounts, are inherited in the same way as traditional assets. Legal questions about the relationship between heirs and testators are also important. The Federal Court of Justice ruled that a contractual obligation of the heirs to visit the testator is not legal.
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We offer you professional and comprehensive initial advice in the area of inheritance law. Take your chance and avoid mistakes.
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