Inheritance Law · Disinheritance
Disinheritance: compulsory portion, effect & limits
Anyone passed over in a will is disinherited, and inherits nothing. But disinherited does not mean without rights: close relatives usually keep their compulsory portion. A complete withdrawal is only possible in extreme exceptional cases.
Whether you were disinherited yourself or want to arrange a disinheritance securely, I review the effect, claims and options in your case.
Key facts
- Disinheritance is done by will or inheritance contract.
- Children, spouse and, where applicable, parents still keep the compulsory portion.
- The compulsory portion is half of the statutory share (a monetary claim).
- Full withdrawal of the compulsory portion is only possible for serious misconduct.
Disinherited, what does it mean?
Disinheritance with compulsory portion
As a rule you can exclude relatives as heirs, but the compulsory portion remains. Those entitled then receive a monetary claim against the heirs: not the estate item itself.
Full withdrawal of the compulsory portion
Only in narrow exceptional cases (§§ 2333 ff. BGB) can the compulsory portion also be withdrawn: e.g. for serious crimes against the deceased or close relatives. The reason must be stated specifically in the will. The hurdles are very high.
Reduce instead of withdraw
Those wishing to lawfully reduce the compulsory portion have other routes: lifetime gifts (observing the 10-year period), waiver agreements or careful structuring. Early advice pays off here.
Common misconceptions
- "Anyone disinherited gets nothing", wrong: the compulsory portion usually remains.
- Disinheritance in a will does not automatically remove the compulsory portion.
- Gifts shortly before death can even increase the compulsory portion.
- Without a specific reason, a withdrawal of the compulsory portion fails in court.
Reviewed by attorney Christian Kopitzsch
Attorney for inheritance law in Berlin, over 18 years of experience.
Frequently asked questions about disinheritance
Do I still get something despite being disinherited?
Usually yes: as an entitled close relative (child, spouse, possibly parents) you are entitled to the compulsory portion, a monetary claim amounting to half of your statutory share. Only in rare exceptional cases can this also be withdrawn.
How do you effectively disinherit someone?
By a will or inheritance contract that expressly excludes the person from succession. Important: this does not automatically exclude the compulsory portion, that requires special, legally defined grounds.
Can the compulsory portion be withdrawn entirely?
Only in extreme exceptional cases under §§ 2333 ff. BGB, such as serious crimes against the deceased or close relatives. The ground must be specifically stated in the will and proven if disputed.
How can I lawfully reduce the compulsory portion?
Options include lifetime gifts (mindful of the 10-year supplementary-portion period), notarial waiver agreements or careful estate structuring. This should be planned with a lawyer in good time.
Do I have to justify disinheriting someone?
Not for the disinheritance itself. In your will you may freely determine who inherits and need not explain to anyone why someone is left out. The position is different for withdrawing the compulsory portion: there the reason must be stated specifically in the will (section 2336 German Civil Code).
What is the difference between disinheritance and withdrawing the compulsory portion?
Disinheritance only means someone does not become an heir. The compulsory portion claim remains unaffected. Withdrawing the compulsory portion goes further and removes that monetary claim too, but is only possible in the narrowly defined cases of section 2333 German Civil Code, for instance a serious crime against the deceased.
Can someone voluntarily waive the compulsory portion?
Yes, through a waiver contract between the testator and the entitled person (section 2346 German Civil Code). It must be notarially certified (section 2348) and in practice is often concluded in exchange for a settlement payment. It is the only legally reliable way to remove the compulsory portion permanently.
Does disinheritance also affect the grandchildren?
As a rule yes, as long as the disinherited child is still alive. More remote descendants are only entitled to a compulsory portion insofar as they are not excluded by a nearer descendant (section 2309 German Civil Code). A grandchild therefore does not automatically move up merely because their parent was disinherited. The position differs if the child predeceased.
Disinherited or planning a disinheritance?
I tell you clearly which claims exist or how a disinheritance can be arranged securely.