{"id":2542,"date":"2025-06-27T16:00:00","date_gmt":"2025-06-27T14:00:00","guid":{"rendered":"https:\/\/notar-sawade.de\/pflichtteilsverzicht-nur-mit-notar-moeglich\/"},"modified":"2025-06-27T16:00:00","modified_gmt":"2025-06-27T14:00:00","slug":"pflichtteilsverzicht-nur-mit-notar-moeglich","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/pflichtteilsverzicht-nur-mit-notar-moeglich\/","title":{"rendered":"Waiver of compulsory portion only possible with a notary"},"content":{"rendered":"

Westphalian Chamber of Notaries.<\/em>\u00a0Excluding a legitimate heir from their statutory share is only possible in exceptional cases under the law. However, sometimes those affected themselves wish to waive their statutory share. This requires a statutory share waiver agreement. There are a number of important requirements that must be observed in this regard.<\/p>\n

How can\u00a0Are inheritance claims regulated by contract?<\/strong><\/h3>\n

Anyone who is excluded from the legal succession by a will or inheritance contract is still entitled to a compulsory portion as a direct relative. This corresponds to half the value of the legal inheritance. If an heir wishes to waive their\u00a0statutory share<\/a>\u00a0If the testator wishes to waive this right, this must be agreed upon in a notarized contract by both the testator and the heir. The testator must be present at the notarization. The heir may be represented by a proxy.<\/p>\n

Waiver of compulsory portion: What exactly does that mean?<\/strong><\/h3>\n

A waiver of the statutory compulsory portion also affects all other claims based on statutory compulsory portion rights. These include compensatory compulsory portions, additional compulsory portions, and supplementary claims. Potential heirs of the beneficiary are also excluded from the compulsory portion when the beneficiary waives their rights. If the beneficiary has also been expressly excluded from the inheritance in the will or inheritance contract, they are completely disinherited.<\/p>\n

Read here how you can\u00a0Exclude relatives from inheritance<\/a>\u00a0can.<\/em><\/p>\n

When can I completely disinherit someone?<\/h3>\n

However, it is not possible to exclude an heir from the compulsory portion solely on the basis of neglect or disputes. Anyone who wishes to avoid paying the compulsory portion must prove that the heir is attempting to take the life of the testator or a close relative. If the heir has been sentenced to at least one year without parole for an intentional criminal offense or has been legally ordered to stay in a psychiatric hospital, exclusion is also possible.<\/p>\n

Note the compulsory portion penalty clause<\/strong><\/h3>\n

Spouses can already include a so-called compulsory portion clause in their will or inheritance contract. In the so-called \u201ejoint will<\/a>\u201c the spouses designate each other as heirs. Other heirs are appointed as final heirs. If one parent dies and an heir nevertheless claims the compulsory portion, they will only receive the compulsory portion even after the death of the second parent. The legal right to inheritance does not apply.<\/p>\n

If you would like advice on this topic from a notary in advance, you can find it on the Internet at\u00a0https:\/\/notar.de\/<\/a>\u00a0the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at\u00a0https:\/\/ratgeber-notar.de\/<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

Westphalian Chamber of Notaries. Excluding a legitimate heir from their statutory share is only possible in exceptional cases under the law. However, sometimes those affected themselves wish to waive their statutory share. This requires a statutory share waiver agreement. There are a number of important requirements to be observed in this regard. How can inheritance claims be regulated by contract? Anyone who is excluded from the legal succession by a will or inheritance contract has, as a direct...<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2542","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2542","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2542"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2542\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2542"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2542"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}