When is the right to inheritance forfeited? Ineligibility to inherit only in the rarest of cases

If there is a heated argument between parents and adult children or if the father and mother feel permanently neglected in their twilight years, they sometimes consider their offspring to be unworthy of inheritance. However, the legislator has set the hurdles for the assumption of unworthiness to inherit much higher than many believe. Even dropping out of education through one's own fault or choosing a spouse with whom one's parents do not "agree" in no way constitutes unworthiness to inherit.

High requirements for the assumption of unworthiness to inherit

Ultimately, only the attempted or successful murder of the testator, obstruction of the drawing up of a last will and testament, inducement to draw up a particular will by deception or threat and documentary offenses constitute unworthiness to inherit. The documentary offenses, such as forgery, must also relate to the creation of a will. Even if a criminal conviction is not a prerequisite for unworthiness to inherit, the acts must have been committed intentionally, unlawfully and culpably.

Once unworthy of inheritance, always unworthy of inheritance?

There are ways out of the presumption of unworthiness to inherit. For example, it can no longer be asserted if the testator has forgiven the unworthy heir. Ineligibility to inherit also does not arise if the testator's last will and testament, which was drawn up on the basis of fraudulent misrepresentation, threats or documentary offenses, became ineffective before the succession. This also applies if the testator was pressured into revoking a testamentary disposition that would have been ineffective anyway.

Inheritance must be contested

Even if the conditions for disinheritance are met, it does not automatically come into effect. In order to prevent the person unworthy of inheritance from receiving part of the inheritance after the death of the testator, an action for avoidance must be brought before the court. If the challenge is effective, i.e. successful, the person who would have inherited if the person unworthy of inheritance had not been alive at the time of the inheritance will receive the inheritance instead of the person unworthy of inheritance. Only co-heirs and persons who would themselves become heirs due to the unworthiness of another person to inherit may bring an action for avoidance. The latter are those appointed as heirs by will or by law.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.