Sun, Jul. 01, 2007

Statutory Share for Heirs

CK - Washington.   Under German inheritance law, certain relatives of decedents may receive a statutory share from an estate if a testator excludes them from an inheritance or if they waive the portion of the estate that otherwise falls to them. The provisions on the situation involving waivers is cumbersome.

A bill to reform this aspect of the inheritance provisions in the Civil Code, Bürgerliches Gesetzbuch, is circulating in the German government. For a comparison of existing and proposed law, see a blog article in German, Reform des Pflichtteilsrechts, of June 22, 2007 in Erbrechtsblog.

The basic principle of voiding terms in last wills and testaments that disinherit relatives will remain in place. Other general concepts, such as the fact that there is no estate or administrator of the type known in American law, and the need for certificates of inheritance, would not change.


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