Inheritance Law

What is inheritance law responsible for, and what purpose does it serve?

Inheritance law legally determines what happens to a person’s inheritable assets and obligations after their death. Ultimately, everyone is affected—either as a testator or as an heir. In principle, there is a family succession system, but this can be altered through a will or an inheritance contract. However, certain relatives have a right to a compulsory portion, ensuring them a minimum share of the estate.

What is an estate, and what does it encompass?

An estate consists of all inheritable—i.e., not strictly personal—rights and obligations of the deceased. A distinction is made between public-law and private-law components. The former usually do not transfer, as they are typically of a personal nature (e.g., voting rights). In contrast, inheritable elements mainly include private-law claims and liabilities such as property, receivables, or compensation claims, whereas maintenance claims are not inheritable.

Who is entitled to inherit?

A person becomes an heir if they have a legal right to the estate through law, a will, or an inheritance contract. This right may cover the entire estate or only a portion of it. A prerequisite is that the person is capable of inheriting and is not disqualified from inheritance. If a valid inheritance title exists and the inheritance occurs, the person can assert their claim to the estate.

When does the ability to inherit exist, and when is it excluded?

The ability to inherit refers to the legal capacity to receive an inheritance or a corresponding benefit (e.g., a legacy or a compulsory share). It must already exist at the time of the inheritance event; later changes are irrelevant in this regard. If this ability to inherit is lacking, the following cases are generally distinguished:

• Absolute inability to inherit Exists in all cases, regardless of who the deceased is.
• Relative inability to inherit Applies only in relation to specific deceased persons.

Thus, any person who is legally competent and does not have a disqualifying reason (unworthiness to inherit) is eligible to inherit. Unworthiness to inherit itself can also occur in two forms:

• Absolute unworthiness to inherit Necessarily leads to exclusion from any inheritance.
• Relative unworthiness to inherit Leads to exclusion only if the deceased was unable to disinherit the person themselves (for example, due to being a minor or because they were unaware of the misconduct).

The typical grounds for unworthiness to inherit include, in particular:

1. Certain criminal acts against the deceased or their estate (absolute unworthiness to inherit)
2. Obstruction of the deceased’s last will (absolute unworthiness to inherit)
3. Criminal acts against close family members of the deceased (relative unworthiness to inherit)
4. Severe emotional distress inflicted on the deceased (relative unworthiness to inherit)
5. Gross breaches of duty towards the deceased (relative unworthiness to inherit)

Is it possible to renounce an inheritance?

Yes, one can fully or partially renounce an inheritance through a contract with the testator. This is often agreed upon when assets are transferred during the testator’s lifetime or to ensure an even distribution of wealth among relatives. Such a renunciation must be notarized or certified by a court. While renouncing the statutory right to inherit, the renouncing party can still be considered in a will at a later stage.

Can inheritance rights be transferred?

Yes, inheritance rights can be sold for compensation (inheritance sale) after the death of the testator but before the inheritance is formally accepted. The buyer assumes all rights and obligations and is jointly liable with the seller for the deceased’s debts. An inheritance can also be transferred as a gift (inheritance donation). However, pledging an inheritance right is legally prohibited.

What is meant by intestate succession?

Intestate succession applies when there is no valid will or inheritance contract, or when these do not cover the entire estate. In this case, the estate is distributed according to a fixed system among the deceased’s relatives, organized in so-called parenteles (first children and grandchildren, then parents and their descendants, etc.). Additionally, a spouse or registered partner has a statutory inheritance right, which reduces the shares allocated to other relatives accordingly.

Who are the legal heirs?

Legal heirs are primarily the deceased’s relatives as well as spouses or registered partners. They inherit according to a parentel system, where the direct line (children, grandchildren) takes precedence. If there are no eligible heirs within a parentel, the next parentel moves up. The spouse or registered partner has a statutory right to inherit, which in some cases takes precedence over relatives or fully replaces them if there are no descendants.

What is a will, and when is it advisable to create one?

A will is a last will and testament in which a person specifies how their estate should be distributed after their death. It is particularly useful if one wishes to deviate from the statutory succession or provide for specific individuals—such as stepchildren or charitable organizations. A will allows for individualized estate planning, though the compulsory share rights of close relatives must still be observed.

What should be particularly considered when drafting a will?

Since a will must meet strict formal requirements, even small mistakes can render it invalid. Legal advice is therefore highly recommended, especially when considering life partners, stepchildren, or charitable institutions. Additionally, the will should be stored securely, such as with a notary or lawyer, to prevent it from being lost or overlooked in the event of death.

What is the compulsory portion, and who is entitled to it?

The compulsory portion is a legally defined share of the estate that certain relatives—usually descendants and the spouse or registered partner—are entitled to receive. It limits the testator’s freedom of disposition by ensuring that these individuals receive a minimum share of the estate, even if they are not included in the will or are only minimally provided for.

More information can be found here > Questions about inheritance law