The contract of inheritance constitutes the strongest ground for claiming a right of inheritance under inheritance law and therefore takes precedence over both statutory and testamentary succession. By means of a contract of inheritance, the contracting parties appoint each other as heirs or do so unilaterally. However, such contracts are only permissible between spouses, registered partners or engaged persons.
The contract itself is subject to notarization and must meet the requirements of a written testamentary disposition.
It should be noted that the inheritance contract may not exceed three quarters of the estate. The remaining quarter is subject to the free disposal of the spouse – if he or she does not make a corresponding disposition, the distribution is made according to the statutory law of succession. This so-called “pure quarter” may not be encumbered by compulsory portions or other claims.
Dissolution is only possible by mutual agreement of the contracting parties.
