Last Updated on July 1, 2021 by LawEuro
German Civil Code (BGB) German law
Division 7
Renunciation of inheritance
Section 2346
Effect of the renunciation of inheritance, possibility of limitation
(1) Relatives and the spouse of the testator may renounce their right of intestate succession by contract with the testator. The person renouncing is excluded from intestate succession as though he had no longer been alive at the time of the devolution of the inheritance; he does not have a right to a compulsory share.
(2) The renunciation may be restricted to the right to a compulsory share.
Section 2347
Personal requirements, representation
(1) If the person renouncing is under guardianship, the ratification of the family court is required for the renunciation of the inheritance; if he is under parental custody, the same applies, unless the contract is entered into between spouses or engaged persons. The approval of the custodianship court is required for a renunciation by the custodian.
(2) The testator may enter into the contract only in person; if he has limited capacity to contract, he does not require the approval of his legal representative. If the testator is incapable of contracting, the contract may be entered into by the legal representative; the ratification of the family court or custodianship court is required to the same extent as specified in subsection (1).
Section 2348
Form
The contract on the renunciation of the inheritance must be notarially recorded.
Section 2349
Extension to descendants
If a descendant or a collateral relative of the testator renounces his right of intestate succession, the effect of the renunciation extends to his descendants, unless otherwise provided.
Section 2350
Renunciation in favour of another
(1) If a person renounces his right of intestate succession in favour of another, it is to be assumed, in case of doubt, that the renunciation is to take effect only in the event that the other becomes an heir.
(2) If a descendant of the testator renounces his right of intestate succession, then it is to be assumed, in case of doubt, that the renunciation is to take effect only in favour of the other descendants and the spouse of the testator.
Section 2351
Revocation of a renunciation of the inheritance
The provision of section 2348 and, in respect of the testator, also the provision of section 2347 (2) sentence 1, first half-sentence and sentence 2 apply to a contract through which a renunciation of the inheritance is revoked.
Section 2352
Renunciation of gifts
A person who has been appointed heir or left a legacy by will may renounce the testamentary gift by contract with the testator. The same applies to a gift made in a contract of inheritance to a third party. The provisions of sections 2347 to 2349 apply.
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