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Home/Law & Taxes/Germany/Citizenship & Long-Term Status/Property & Inheritance Law

Property & Inheritance Law

What German succession law does to your estate — forced heirship, valid wills, and the EU rule that lets you choose your home country's law.

Why you cannot fully disinherit your children in GermanyGerman law guarantees close relatives a compulsory share (Pflichtteil) of your estate — half of their statutory inheritance share, payable in cash — no matter what your will says. Long-term residents from common-law countries are routinely surprised by this.Making a valid will in Germany — and what heirs must doA German will is valid only if entirely handwritten and signed, or notarised. Couples can make a joint Berliner Testament that binds the survivor. Without a will, statutory succession splits everything between spouse and children — and heirs inherit debts too unless they disclaim in 6 weeks.One sentence in your will can switch the law that governs your estateUnder the EU Succession Regulation (650/2012), the law of your habitual residence — Germany — governs your whole estate by default, including the Pflichtteil. But foreign nationals may choose the law of their citizenship instead by declaring it in their will, which can restore full testamentary freedom.
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