Ask a lawyer on the topic of Inheritance law

Possibility of inheritance despite waiving the inheritance.

November 13, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

My wife and I have entered into a marriage contract in which we mutually waive our inheritance and compulsory portion rights. Can my wife still include me in her will with a bequest?

Dr. Dr. Danjel-Philippe Newerla

Dear Seeker,

Thank you for your inquiry!

Taking into account your information, I would like to answer your question as follows:

Yes, this is generally possible. Based on the facts you have provided, there is simply a waiver of inheritance rights and compulsory portion rights. A legacy, however, is not an inheritance or a compulsory portion claim, but rather a contractual claim that either calls for payment or the transfer of certain items. The legacy claim is generally to be asserted against the heir(s).

To avoid any potential difficulties in interpretation, you could also adjust the prenuptial agreement by specifying that it does not include a legacy.

I hope that my explanations have been helpful to you. Please feel free to contact me within the scope of the follow-up option on this platform or via my email address.

I would like to finally point out the following: The legal information I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive assessment of the facts. Adding or omitting relevant information can result in a completely different legal assessment.

I wish you a pleasant Friday afternoon and a wonderful weekend!

Kind regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774