Inheritance disputes can arise at every stage of the succession process. In some cases, the disagreement concerns who is entitled to inherit. In others, the dispute relates to the size of an heir's share, the interpretation of a will, the fulfilment of a legacy, or the administration and distribution of the estate.

Common sources of dispute include:

• Whether a person is entitled to inherit at all
• The validity or interpretation of a will
• The respective shares of the heirs
• Claims for compulsory portions (Pflichtteil)
• Gifts made during the deceased's lifetime
• The interpretation and fulfilment of legacies (Vermächtnisse)
• Access to information about estate assets and transactions
• The valuation of estate assets
• The administration and distribution of the estate
• The sale or use of inherited real estate

Where several individuals inherit together, German law generally creates an inheritance community (Erbengemeinschaft). Until the estate has been divided, important decisions often require the cooperation of all heirs. Disagreements between co-heirs can therefore significantly delay the administration and distribution of the estate. Procedures may last for years.

International estates frequently involve additional challenges. Family members may live in different countries, speak different languages and have differing expectations regarding the inheritance process. Questions of jurisdiction, applicable law and the recognition of foreign documents may further complicate matters.

Not every inheritance dispute requires litigation. In many cases, a negotiated solution can preserve family relationships while avoiding the costs and delays associated with court proceedings. We assist clients in assessing their legal position, obtaining information, negotiating with co-heirs and beneficiaries, and pursuing or defending claims before the German courts where necessary.

Frequently Asked Questions

I believe my share of the inheritance is incorrect. What can I do?

Disputes frequently arise regarding the size of an heir's entitlement. The answer may depend on the wording of the will, the applicable inheritance law, gifts made during the deceased's lifetime, compulsory portion claims or other factors affecting the distribution of the estate. A careful legal review is often required before the correct entitlement can be determined.

Can I challenge a will in Germany?

In certain circumstances, yes. Challenges may arise where there are concerns about the validity of the will, the testator's capacity, undue influence, mistake or the existence of a later will. Whether a challenge is possible depends on the specific facts of the case.

What is an inheritance community (Erbengemeinschaft)?

An inheritance community arises when two or more people inherit together. Until the estate is divided, the heirs jointly own the estate assets and often need to make important decisions together.

I have not spoken to my co-heirs for years. Do I still have to deal with them?

Yes, directly or through a legal representative. Where several people inherit together, German law requires co-heirs to cooperate in the administration and distribution of the estate. 

Can one heir sell inherited property without the consent of the others?

In many cases, no. Where a property belongs to an inheritance community, the cooperation of all heirs is generally required before it can be sold.

What if one heir refuses to cooperate?

A lack of cooperation can significantly delay the administration of the estate. Depending on the circumstances, legal action may be available to obtain information, enforce rights or bring the inheritance community to an end.

What if I believe assets are being concealed from the other heirs?

German inheritance law provides certain rights to information and accounting. Depending on the circumstances, heirs may be entitled to request information about estate assets, bank accounts, transactions and the administration of the estate.

What is a legacy (Vermächtnis) under German law?

A legacy gives a person the right to receive a specific asset, payment or benefit from the estate without becoming an heir. Common examples include money, real estate, jewellery, shares or other valuable items. Disputes may arise where the wording of the will is unclear or where the heirs and the beneficiary disagree about the scope, value or fulfilment of the legacy.

I have been named in a will. Does that automatically make me an heir?

Not necessarily. Under German law, a will may appoint someone as an heir or grant a legacy (Vermächtnis). The distinction is important because heirs generally succeed to the deceased's legal position, while beneficiaries of a legacy have a claim against the heirs for fulfilment of the legacy.

Can a beneficiary of a legacy enforce their rights against the heirs?

Yes. If a valid legacy exists, the beneficiary may have a legal claim against the heirs for its fulfilment. Depending on the circumstances, this may involve the transfer of property, payment of money or delivery of a specific asset.

I live abroad. Can I still protect my interests in a German inheritance dispute?

Yes. Many inheritance disputes can be managed remotely through a lawyer acting on your behalf. Negotiations, correspondence and court proceedings can often be handled without requiring you to travel to Germany.

Does every inheritance dispute end up in court?

Hopefully not. Many disputes are resolved through negotiation. Reaching an agreement is often faster and less costly than litigation, particularly where family relationships are involved.