How Is Inheritance Divided in Germany According to German Law?
Learn how inheritance is divided in Germany under the German Civil Code, including rules for spouses, children, and mandatory shares.
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Inheritance in Germany follows the rules set by the German Civil Code (BGB). It is generally divided according to the principle of universal succession. If there is no will, inheritance is divided among heirs according to statutory rules: spouses and close relatives (e.g., children) are primary heirs. The spouse usually receives 25% to 50%, depending on whether there are children. If there is a will, assets are distributed according to the deceased’s wishes, but close relatives have mandatory shares.
FAQs & Answers
- What happens if there is no will in Germany? If there is no will, inheritance in Germany is divided according to statutory rules under the German Civil Code, primarily among the spouse and close relatives such as children.
- How much inheritance does a spouse receive in Germany? Depending on the presence of children, a spouse generally receives between 25% to 50% of the inheritance under German law.
- Can close relatives claim inheritance despite a will? Yes, close relatives like children and spouses have mandatory shares which entitle them to a portion of the inheritance even if the deceased left a will stating otherwise.
- What is the principle of universal succession in German inheritance law? The principle of universal succession means that heirs automatically assume the deceased’s entire estate, including rights and obligations, according to statutory or testamentary rules.