Waiver of compulsory portion only possible with a notary

Westphalian Chamber of Notaries. By law, it is only possible to exclude an entitled heir from the compulsory portion in exceptional cases. Sometimes, however, those affected wish to waive their compulsory portion themselves. This requires a contract waiving the compulsory portion. There are some important requirements to be observed.

How can Should inheritance claims be regulated by contract?

Anyone who is excluded from the statutory succession by a will or inheritance contract is still entitled to the compulsory portion as a direct relative. This corresponds to half the value of the statutory inheritance share. If a beneficiary wishes to waive their Mandatory portion If both the testator and the heirs waive their right to inherit, this must be agreed in a notarized contract. The testator must be present at the notarization. The beneficiary may be represented.

Waiver of compulsory portion: What exactly does this mean?

A waiver of the ordinary compulsory portion also affects all other claims based on the statutory right to a compulsory portion. These include compulsory equalization portions, additional compulsory portions and supplementary claims. Possible heirs of the beneficiary are also excluded from the compulsory portion upon waiver. If the beneficiary was also expressly excluded from the inheritance in the will or inheritance contract, he or she is completely disinherited.

Read here how you can Exclude relatives from inheritance can.

When can I completely disinherit someone?

However, it is not possible to exclude a beneficiary from the compulsory portion solely on the basis of neglect or disputes. Anyone wishing to avoid payment of the compulsory portion must prove that the person entitled to the inheritance is trying to kill the testator or a close relative. If the beneficiary has been sentenced to at least one year without probation for an intentional criminal offense or has been ordered to stay in a psychiatric hospital, exclusion is also possible.

Observe compulsory portion penalty clause

Spouses can include a so-called compulsory portion clause in their will or inheritance contract. In the so-called "Berlin will", the spouses appoint each other as heirs. Other beneficiaries are appointed as final heirs. If one parent dies and an heir nevertheless claims the compulsory portion, the latter will only receive the compulsory portion even after the death of the second parent. The statutory inheritance entitlement no longer applies.

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/.