Germany's Complete Disinheritance: Severe Misconduct & Forgiveness
German inheritance law allows for two types of disinheritance: simple and complete. Complete disinheritance, also known as total disinheritance, is reserved for severe cases of misconduct by the beneficiary. This can include attempts on someone's life, serious crimes, or imprisonment for over a year. However, even in such cases, forgiveness by the heir can reinstate the beneficiary's rights.
The German Civil Code (Bürgerliches Gesetzbuch, BGB) outlines the rules for complete disinheritance. It states that the misconduct must be serious enough to warrant denial of the compulsory portion, which is the minimum share of the estate that beneficiaries are entitled to. This portion cannot be disinherited through a simple will.
One notable example of complete disinheritance is the use of the 'Berlin Will'. In this arrangement, partners leave their entire estate to each other, initially disinheriting their children but preserving their right to the compulsory portion. This strategy is often used to protect the estate from future claims.
Complete disinheritance can also occur if the disinherited person is committed to a psychiatric hospital or rehabilitation clinic, making it intolerable for the heir to pay out the compulsory portion.
In Germany, complete disinheritance is a serious legal action reserved for severe misconduct by beneficiaries. It's important to note that even in such cases, the heir's forgiveness can nullify the disinheritance according to § 2337 BGB, a legal concept known as 'Vergebung'. As always, it's recommended to consult with a legal professional when dealing with inheritance matters.
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