Under German law, relatives and the spouse of the testator may waive their future inheritance rights by contractual agreement with the decedent during the latter’s lifetime. The person waiving is excluded from intestate succession as though he had no longer been alive at the time of the devolution of the inheritance; he does not have a right to the forced share. See § 2346(1) BGB. The waiver may be restricted to the right to the forced share (Pflichtteil). See § 2346 (2) BGB (Pflichtteilsverzicht). To be effective, the contract of waiver must be notarized by a German notary (Notar) or equivalent. See § 2348 BGB. The agreement to waive future rights of inheritance (Erbverzicht) is usually, but not necessarily, linked to the payment of compensation. This compensation is subject to German gift tax.
Please select a letter in the character list and then select the desired expression in the left column.
» Show all entries
08/10/2021 Cologne Court of Appeal: Application of English law can violate the German Public Policy
08/03/2021 Decicison of the German Federal Fiscal Court on the Taxation of Distributions from a 401(k) to Beneficiary in Germany
05/12/2021 Germany: Applicable laws as regards to ordering and supervision of a curator of the estate