Many people assume that siblings always receive something from an inheritance. That is not the case. Siblings only inherit in certain constellations, and there is no compulsory share for siblings at all. Anyone who is passed over by their brother or sister in a will therefore as a rule goes away empty-handed. This article explains when siblings inherit, what applies to half-siblings and step-siblings, how siblings divide an inherited house between themselves and which tax is payable.<\/p>\n\n\n\n
If there is no will, the law determines who inherits. It divides relatives into orders. As long as a relative of a higher-ranking order is alive, all subsequent orders go away empty-handed.<\/p>\n\n\n\n
Siblings belong to the second order. They therefore only inherit if the deceased leaves no children and no grandchildren<\/strong>. And even then, they only come into play if one parent has already died: if both parents are still alive, the parents inherit alone and in equal shares. If one parent has died, that parent’s children, i.e. the siblings of the deceased, take that parent’s place.<\/p>\n\n\n\n Thomas dies unmarried and childless. His mother is still alive; his father has already died. Thomas has a sister and a brother.<\/p>\n\n\n\n If the deceased was married, the spouse inherits half alongside parents and siblings. If the spouses lived under the statutory matrimonial property regime of the community of accrued gains (Zugewinngemeinschaft), the spouse’s share increases by a further quarter to three quarters. Only one quarter then remains for the parents and siblings together. How the order of succession is structured overall is explained in our article Understanding the order of succession in German inheritance law<\/a>.<\/p>\n\n\n\n No.<\/strong> Under Section 2303 of the German Civil Code (BGB), only the children and grandchildren of the deceased, the spouse and, if the deceased had no children, the parents are entitled to a compulsory share (Pflichtteil). Siblings are not on this list.<\/p>\n\n\n\n This has considerable consequences: anyone who does not wish to provide for their siblings can disinherit them completely by will. If, for example, a childless woman appoints her partner or a charitable association as sole heir, her siblings receive nothing, not even a monetary claim.<\/p>\n\n\n\n Siblings who have been passed over are not entirely without options. It is worth having the will examined carefully:<\/p>\n\n\n\n In inheritance law, descent is all that counts. This results in a clear distinction:<\/p>\n\n\n\n This is explained in detail in our article Difference between half-brother and stepbrother: significance in inheritance law<\/a>.<\/p>\n\n\n\n The most common case in which siblings inherit together is the death of their parents. The siblings then inherit as children, i.e. in the first order, and form a community of heirs (Erbengemeinschaft). The estate belongs to them jointly. They can only dispose of accounts, real estate and valuables jointly, and each of them can demand at any time that the estate be divided.<\/p>\n\n\n\n Disputes often arise because one child received more than the others during the parents’ lifetime, for example a contribution towards buying a house, or because one child cared for the parents for years. The law provides for equalisation (Ausgleichung) in such cases. It applies if the siblings inherit as statutory heirs or if the parents provided for them in the will in the same proportions:<\/p>\n\n\n\n You can find out more in our article Care provided by children \u2013 is this taken into account in the inheritance?<\/a>.<\/p>\n\n\n\n In many families, the parental home is the most valuable asset in the estate and at the same time the most frequent bone of contention. Siblings essentially have three options:<\/p>\n\n\n\n How a partition auction works and how it can be averted is shown in our articles One co-heir is blocking the sale of the house<\/a> and Preventing or delaying a partition auction<\/a>.<\/p>\n\n\n\n For tax purposes, siblings are treated considerably less favourably than children or spouses. They fall into tax class II (as at October 2026):<\/p>\n\n\n\n The tax allowance applies equally to gifts and inheritances and becomes available again every ten years. Anyone who wishes to provide for their siblings can therefore significantly reduce the tax burden by making lifetime gifts spread over several decades. You can find further planning options in our 11 tips for preserving inheritance tax advantages<\/a>.<\/p>\n\n\n\nWorked example<\/h3>\n\n\n\n
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Siblings alongside the spouse<\/h3>\n\n\n\n
Is there a compulsory share for siblings?<\/h2>\n\n\n\n
What siblings can still do<\/h3>\n\n\n\n
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Half-siblings and step-siblings: who is entitled to inherit?<\/h2>\n\n\n\n
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Siblings in the community of heirs: when the parents die<\/h2>\n\n\n\n
Duty of equalisation between siblings<\/h3>\n\n\n\n
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Inherited a house: pay out your siblings or sell?<\/h2>\n\n\n\n
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Inheritance tax and gift tax between siblings<\/h2>\n\n\n\n
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Frequently asked questions on inheritance law between siblings<\/h2>\n\n\n