Disinheritance And Compulsory Portion
Entitled to a compulsory portion during the disinheriting under German law Unbotmassiges behavior of children sometimes causes that the parents disinheritance “is threatening them. With this leverage, parents want attributed the pupils usually to the path of virtue or at least cause a behavior that feel the parents as virtuous. Sometimes, such a threat scenario may lead to the desired result. All too often it doesn’t work. Then let parents sometimes followed her strong words by deeds and disinherit their offspring. However, it is a widespread misconception that it had parents in the hand, to exclude their children entirely by the succession following the death of. What remains the children rule that in the case of disinheritance is the so-called right to the reserved portion.
The reserved portion is a claim which is aimed against that or the heirs and value accounts for half of the legal inheritance. Sole heir would become so a child in the case of legal succession and it is Testament of succession excluded from been, then his compulsory portion in the amount of the value of the value discount entitlement. A disinheritance is so not a total loss equal to set any standards. Only in very extreme cases of exception, a testator has the possibility to withdraw the mandatory part a legal heir and thus completely to disinherit him. This, for example, be considered, if the child has sought the life of the deceased. While the child here not to act must be advanced. It is sufficient if the child otherwise to the execution of the deed has instigated anyone or has done only aid to the planned action. Fritz Kuhn