Deprivation of the forced share (Entzug des Pflichtteils)

Pursuant to § 2333 BGB, the testator may deprive a descendent from the forced share if the descendant:

  1. Makes an attempt on the life of the testator, of the spouse of the testator, or of another descendant or of a person similarly close to the testator,
  2. Is guilty of a major offence or of a serious intentional minor offence against one of the persons designated in no. 1;
  3. Willfully violates statutory maintenance obligations to the testator; or
  4. Is finally sentenced to at least one year’s imprisonment without probation because of an intentional criminal offence and participation of the descendant in the estate is hence unreasonable for the testator. The same applies if the accommodation of the descendant in a psychiatric hospital or in a withdrawal clinic is finally ordered because of a similarly serious intentional offence.

Under the same conditions, the testator may deprive his parents or his/her spouse from the forced share.

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