Succession can be excluded entirely (or also limited to individual parts of the estate) by means of a waiver. This is of practical relevance above all in those cases in which the decedent already brings about or regulates the succession to the estate during his lifetime. In such cases, the waiver of inheritance is usually concluded in return for a settlement.
Example: The decedent supports one of his children financially because he is in financial difficulties and cannot service his existing loans. If the decedent now pays for the child’s debts, a disadvantage for the other children can be avoided by means of a waiver of inheritance.
The waiver is a contract between the decedent and the heirs, which requires a notarial act or a court record. It should be noted that the waiver eliminates the respective ground for inheritance, but the heir subject to the waiver does not become incapable of inheritance – it can therefore be taken into account again in a later testamentary disposition, for example.
