Heir Disinherited
am 04.06.2005 von German American Law Journal :: American Edition
CK - Washington. Disinheriting a statutory heir is almost impossible under German law unless an heir seeks to kill or assault the testator. A recent decision, case numbers 1 BvR 1644/00 and 1 BvR 188/03, by the Supreme Constitutional Court finetunes the limits.
Generally, if a testator disinherits, or fails to bequeath anything of an estate to a statutory heir such as a spouse or child, the statutory heir will be entitled to compensation valued at half of the statutory share. The statutory heir acquires that claim as a claim against the heirs proper--such as those named in a will--and the claim is for money, not actual assets, such as real estate, that the heirs proper inherit when the decedent dies. The Civil Code permits a testator to completely disinherit, however, an heir who forms an intent to kill or assault the testator.
In the case at bar, the testator disinherited one of two brothers who suffered from a mental condition, tried to kill the testator before he was disinherited, later killed him out of fear of being sent to a mental ward, and raised a claim for his statutory share against the brother. The court …
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