Question 1

What does inheritance law in Germany regulate?

Accepted Answer

German inheritance law (Erbrecht) governs what happens to a person's assets after their death. It determines who inherits (statutory succession), how inheritance works, and what obligations heirs have. It is based on the German Civil Code (BGB), §§ 1922 ff. As an heir, you step into the deceased's legal position – including their debts.

Question 2

What is the difference between statutory and testamentary succession?

Accepted Answer

Statutory succession applies when no will or inheritance contract exists. It follows the degree of kinship and marital status. Testamentary succession arises from a will or inheritance contract. Important: Even with a will, close relatives retain a statutory compulsory portion (Pflichtteil).

Question 3

How long do I have to accept or disclaim an inheritance?

Accepted Answer

The disclaimer period is 6 weeks from knowledge of the inheritance (6 months if the deceased was abroad). Disclaimer must be declared at the probate court or notarially. If in doubt, contact an inheritance lawyer immediately.

Question 4

Who is entitled to a compulsory portion (Pflichtteil)?

Accepted Answer

Entitled persons are: children (and their descendants if the child is deceased), spouses/registered partners, and parents of the deceased (if no children exist). Siblings, nieces, nephews and other relatives have no statutory compulsory portion claim.

Question 5

How is the compulsory portion calculated?

Accepted Answer

The compulsory portion equals half of the statutory inheritance share. Example: if two children and a spouse survive, each child's statutory share is ¼. The compulsory portion is then ⅛ of the total estate. It is a pure monetary claim against the heirs.

Question 6

Can a will be contested in Germany?

Accepted Answer

Yes. Grounds for contestation include: error by the testator about content or motive, and coercion or deception during drafting. The contestation period is 1 year from knowledge of the ground. It must be declared at the probate court.

Question 7

When should I consult an inheritance lawyer?

Accepted Answer

As early as possible, especially if you were disinherited, a will is to be contested, a community of heirs cannot agree, you want to disclaim an inheritance, the estate contains debts, or you inherited real estate. Early legal advice prevents costly mistakes and missed deadlines.

Question 8

Can I receive advice online or nationwide?

Accepted Answer

Yes. Attorney Christian Kopitzsch advises and represents clients nationwide – in person in Berlin as well as by phone and video conference. As German inheritance law applies uniformly across the country, location-independent advice is perfectly possible.

Inheritance Law FAQ

General Inheritance Law

Compulsory Portion

Will & Inheritance Contract

Lawyer & Costs

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