Under German law, descendants, spouses and (if there are no descendants) parents are entitled to a mandatory minimum share (“Pflichtteil”), even if the testator disinherits (“enterbt”) them by will (“Testament”), mutual will (“gemeinschaftliches Testament”) or testamentary contract (“Erbvertrag”). The mandatory minimum share is half of what these close family members would receive based on the statutory rules of intestate succession, if there had been no will.
Forced Heirship
Published by Caroline I. Esche, PhD, JD
As an international estate attorney I advise both US families with overseas assets or inheritances from abroad, and non-US citizens with assets or inheritances in the United States. I am licensed to practice law in Germany, Virginia, Maryland and the District of Columbia. View all posts by Caroline I. Esche, PhD, JD