Everyone has the right to freely decide who should inherit their assets after their death – and who should not. If a testator wishes to exclude a relative from inheritance, this is done through disinheritance. Here you can learn exactly what disinheritance means, how it works, and what options exist to defend against it.
1. What does disinheritance mean?
There are many reasons why a testator might not want to leave anything to a relative. When a legal heir is excluded from inheritance by a will or inheritance contract, this is called disinheritance.
2. Who can be disinherited?
Only persons who would be entitled to inherit according to the legal order of succession can be disinherited. These include:
• First-order heirs : children, grandchildren, and great-grandchildren. Children exclude all other relatives from inheritance. Grandchildren and great-grandchildren only inherit if the testator’s children have already died.
• Second-order heirs : Parents and siblings of the deceased. They only inherit if no first-order heirs exist.
• Heirs of the 3rd and further orders : grandparents, cousins, great-grandparents and more distant relatives.
3. What are the consequences of disinheritance?
Disinheritance changes the rights of the affected person to the estate:
• Exclusion from inheritance : The disinherited person receives no right to possession or use of the estate.
• Offspring excluded : Unless otherwise stipulated, disinheritance also extends to the offspring of the disinherited person.
• Replacement by statutory succession : If no heirs are designated, the disinherited person is replaced by the statutory succession.
• Compulsory share : Despite disinheritance, certain relatives are entitled to a compulsory share – half of the statutory share of the inheritance.
4. What forms of disinheritance exist?
Disinheritance can occur in various ways:
• Will : The testator can explicitly stipulate that a person should inherit nothing. Alternatively, only the desired heirs can be named in the will, thereby excluding all others.
• Negative will : This lists only persons who are to be excluded from inheritance. The statutory order of inheritance applies to the remaining relatives.
5. The compulsory share: Minimum participation despite disinheritance
Even disinherited relatives are entitled to a compulsory share, which amounts to half of the statutory share of the inheritance. This entitlement applies regardless of whether the disinherited person is mentioned in the will. Those entitled to a compulsory share are:
• Children, grandchildren and great-grandchildren (including adopted or illegitimate children)
• Spouse or life Partner
• Parents of the deceased
6. Deadlines and enforcement of the compulsory share
Disinherited individuals can claim their compulsory share within three years of the will being opened. The usual procedure is as follows:
1. Request information : According to § 2314 of the German Civil Code (BGB), the heir must disclose the extent of the estate.
2. Calculating the compulsory share : Once the value of the estate is known, the compulsory share is calculated.
3. Claiming a compulsory share : The claim can be made orally or in writing.
4. Legal recourse : If the heirs refuse, the compulsory share can be claimed in court.
7. Complete disinheritance without a compulsory share
In rare cases, the compulsory share of the inheritance can be revoked. This requires serious reasons such as:
• Serious crimes or attempted murder against the testator
• Prison sentences or court-ordered placement in clinics
“ The disinheritance must be individually and comprehensibly justified in the will ,” explains lawyer István Cocron.
8. Waiver of compulsory share
An alternative to disinheritance is waiving the compulsory share. This is regulated by a notarized contract and offers the following advantages:
• Relief for the heirs : The waiver prevents financial bottlenecks when paying out the compulsory share.
• Severance pay : The person waiving their rights may receive severance pay in return, e.g. a sum of money or assets.
9. Legal options against disinheritance
Disinherited persons can examine the legality of their disinheritance and contest the will if:
• The will is invalid (e.g., due to formal errors)
• The testator was not of sound mind
• The will was created under duress or error
If the disinheritance is lawful, the only remaining option is often to claim the compulsory share.
” These regulations and legal options allow testators to structure the distribution of their estate and enable disinherited individuals to review their claims. Professional legal advice is always recommended, ” says attorney Cocron.
