Yes, disinheriting a child is legally permissible in Germany, but strictly constrained by the Pflichtteilsrecht (statutory forced heirship), which guarantees descendants a minimum share of the estate regardless of the testator’s wishes. The Bürgerliches Gesetzbuch (BGB) § 2303 et seq. mandates that children inherit at least half of their statutory entitlement unless valid grounds for exclusion under § 2333 BGB exist. Regional probate courts (Nachlassgerichte) and the Bundesnotarkammer (Federal Chamber of Notaries) enforce these rules, with 2026 amendments tightening documentation requirements for contested disinheritance cases.
Key Regulations for Disinheriting a Child in Germany
- Forced Heirship Entitlement: Children retain a Pflichtteilsanspruch (compulsory share) of 50% of their statutory inheritance, calculated as half the value of their intestate share. Exclusion requires proof of severe misconduct under § 2333 BGB, such as attempted murder or persistent neglect.
- Formal Requirements: Disinheritance must be explicitly stated in a notarized will (notarielles Testament) or inheritance contract (Erbvertrag). Handwritten wills (eigenhändiges Testament) are valid but risk procedural challenges if disinheritance lacks precise legal phrasing.
- Judicial Scrutiny: The Nachlassgericht reviews disinheritance claims, with appeals heard by the Oberlandesgerichte. Since 2024, courts prioritize mediation via the Erbmediationsstelle to resolve disputes before litigation, aligning with EU cross-border inheritance regulations (EU 650/2012).