Can I disinherit my heirs?
July 25, 2023 | 40,00 EUR | answered by Felix Richter
Dear lawyer,
My name is Alwin Melzer and I have a question regarding inheritance law. I am in a difficult family situation and am considering the possibility of disinheriting my heirs. My father, with whom I have had no contact for years, has named me as his sole heir in his will. However, I have learned that my father now has a new family and would like to include his new children in his will.
I am concerned that my heirs may make claims after my death and want to ensure that my estate goes to the people who truly matter to me. Are there legal options to disinherit my heirs and arrange my inheritance differently?
I would like to know if it is legally possible to disinherit my heirs and how best to proceed in adjusting my will accordingly. What steps do I need to take and what pitfalls should I be aware of? I would greatly appreciate your professional advice and assistance in this matter.
Thank you in advance for your help.
Sincerely,
Alwin Melzer
Dear Mr. Melzer,
Thank you for your inquiry regarding inheritance law. It is understandable that you are considering disinheriting your heirs and arranging your estate differently in a difficult family situation. In Germany, testamentary freedom generally applies, meaning that you can freely decide who you want to leave your estate to. However, there are also legal provisions that protect certain individuals from being disinherited.
To disinherit your heirs and arrange your estate differently, you should first draw up a new will. In this will, you can clearly and explicitly determine who should be your heir and who you wish to disinherit. It is advisable to seek advice from an experienced estate lawyer to ensure that your will is legally valid and accurately reflects your wishes.
It is important to note that there are legal inheritance claims that cannot be completely excluded by a will. For example, children generally have a compulsory portion claim that cannot be bypassed by disinheriting them. The compulsory portion is half of the statutory share and can only be partially or completely revoked in exceptional cases.
To ensure that your estate goes to the desired individuals, you may also consider making lifetime gifts. By making gifts during your lifetime, you can transfer assets before your death and ensure that they do not fall into the estate.
Overall, it is important to seek comprehensive advice and consider all legal aspects to ensure that your will accurately reflects your wishes and is legally valid. I am available for a personal consultation to discuss your individual situation and work together to develop a tailored solution.
Sincerely,
Felix Richter, Estate Lawyer
