German inheritance law, as we know it today, is based on millennia-old traditions and legal concepts that reach back to antiquity. Its roots lie in both Germanic and Roman law.
1. Origins in Roman and Germanic law
As early as 450 BC, inheritance laws were codified in the Roman Twelve Tables, with testamentary succession taking precedence. Only if no valid will existed did intestate succession apply. At the same time, Roman soldiers enjoyed special privileges when making wills, ensuring their last wishes were legally valid even under difficult circumstances.
Among the Germanic tribes, however, as Tacitus describes around 120 AD, inheritance was strictly regulated by law. Wills were unknown, and succession focused on male descendants. If there were no male descendants, the inheritance rights passed to the deceased’s brothers or uncles. Regional differences, such as among the Saxons, led to varying regulations, as exemplified by the “Lex Saxonum” from the 9th century. Women were often excluded from inheritance under Germanic law, a situation that only changed over time.
2. Medieval developments: Sachsenspiegel and Schwabenspiegel
In the Middle Ages, ancient traditions were systematized and compiled in important legal texts such as the Sachsenspiegel (c. 1220/30). This work by the legal scholar Eike von Repgow was a comprehensive collection of Saxon law, based on Germanic and Roman traditions. The Sachsenspiegel influenced law not only in Germany but also in many other parts of Europe.
3. Principles that remain valid to this day
A central principle of German inheritance law is universal succession, enshrined in § 1922 of the German Civil Code (BGB). According to this principle, the deceased’s entire estate passes to the heirs. This rule is not new, but can already be found in the Roman Twelve Tables and later in the Saxon Mirror (Sachsenspiegel).
Similarly, current law, specifically Section 1923 of the German Civil Code (BGB), has adopted the concept of the inheritance rights of the unborn child (“nasciturus”). Even in Roman law, unborn children were entitled to inherit, provided they were born alive. ” In the Sachsenspiegel (Saxon Mirror), this principle was further specified to the effect that pregnant widows had to assert the inheritance claims of their unborn child within 30 days of their husband’s death, ” explains lawyer István Cocron.
4. Changes in testamentary law
In contrast to early Germanic traditions, where wills were virtually unknown, Roman inheritance law prevailed, in which the will was the preferred form of succession planning. The German Civil Code was heavily influenced by the Roman model and established clear rules for the form and validity of wills. Alongside this, inheritance contracts developed during the Middle Ages to resolve conflicts between legal and testamentary heirs.
5. Social and legal change
With the enactment of the German Civil Code (BGB) on January 1, 1900, inheritance law was modernized and standardized. Since then, the fundamental principles have changed little. Important innovations, such as the legal equality of children born out of wedlock with regard to inheritance, only came into effect during the 20th century. This demonstrates how strongly German inheritance law is shaped by historical developments, but also how it responds to societal changes.
Conclusion
German inheritance law is not only 125 years old, like the Civil Code, but its roots reach far back into the past. Many of the principles that apply today were already developed in antiquity or the Middle Ages. ” The close historical connections show that today’s inheritance law is based on a long and rich tradition that has endured for centuries and has been repeatedly adapted to new societal challenges, ” says lawyer Cocron.
