Waiver of the inheritance

Time limit

Unlike in other countries, in Germany it is not necessary to accept the inheritance in order to become an heir. On the contrary: anyone who does not want the inheritance must take action and disclaim it. An extremely tight deadline of 6 weeks from the date of knowledge of the inheritance must be observed. Persons domiciled abroad have 6 months. This deadline cannot be extended.

Tactical waiver

Sometimes the waiver is also used as a tactical instrument, for example to save taxes. However, extreme caution must be exercised here, as substitute heirs may take the place of the original heir, of whom the original heir was unaware.

Waiver in exchange for compensation

It is also possible to waive the inheritance in exchange for a settlement, although it should be noted that the waiver is unconditional. This means that the waiver itself cannot be linked to a condition (payment of a settlement) vis-à-vis the probate court. For this reason, a preliminary agreement is usually concluded between the parties in such a constellation, in which the substitute heirs undertake to pay a sum of money if the original heir declares the waiver.