Family and children

Consumers: Order withdrawal of the compulsory portion in the will

Summary

Nuremberg (dpa / tmn) – Parents can also inherit their children if they have no offspring themselves. If children want to prevent this, they have to withdraw the compulsory portion of their parents in their wills. If there is no […]

Consumers: order withdrawal of the compulsory portion in the will.  If a relative proves to be unworthy, the compulsory portion of an inheritance can be withdrawn from him.

Nuremberg (dpa / tmn) – Parents can also inherit their children if they have no offspring themselves. If children want to prevent this, they have to withdraw the compulsory portion of their parents in their wills.

If there is no corresponding regulation in the will, an heir cannot refuse a parent the compulsory portion, even if there is a reason for the compulsory portion being withdrawn. This emerges from a decision of the Higher Regional Court (OLG) Nuremberg (Az .: 12 U 1668/17), on which the Working Group Inheritance Law of the German Lawyers’ Association (DAV) reports.

In that case, a man had appointed his wife as sole heir in his will. The man died childless. His father demanded that the widow be entitled to a compulsory portion. This refused on the grounds that the father forfeited his compulsory portion. As a child, he did not make a proper living for his son and continually humiliated him, abused him, drove him out of the house at the age of 14 and attacked him with a screwdriver with intent to kill. In addition, the plaintiff had embezzled the testator’s funds. However, there was nothing in the will to indicate that the man wanted to deprive his father of the compulsory portion.

The widow therefore had to pay out the compulsory portion. It is true that any legal inheritance can be disinherited. However, the compulsory portion is not freely withdrawable. The law only provides for exceptions in the case of unworthiness of the compulsory portion or an effective withdrawal of the compulsory portion. The reasons for this are listed in the law. In addition, the testator must have ordered in the will that the compulsory portion be withdrawn. If he has not done so, the fact that one of the reasons for the withdrawal of the compulsory portion mentioned in the law, such as insufficient maintenance, does not help the heir either.

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