In short: You can disinherit (enterben) a child by naming other heirs in a formally valid will or inheritance contract, or by expressly excluding the child; you do not have to give a reason. As a rule, however, the disinherited child keeps a compulsory portion (Pflichtteil) in money, namely half of the value of the child’s statutory share of the estate (§ 2303 (1) German Civil Code, Bürgerliches Gesetzbuch, BGB). Only the narrow grounds of § 2333 BGB allow the compulsory portion to be withdrawn as well.
Anyone who wants to disinherit a child usually faces this question after a long dispute or years of silence. At the same time, a disinherited child can demand the compulsory portion even if there has been no contact for years. This article shows how disinheritance works legally, what the child is still entitled to, when withdrawing the compulsory portion comes into question at all, and which mistakes occur most often in practice. It reflects the legal position as of October 2026. It is written for readers abroad as well, for example German citizens living outside Germany, foreign parents with assets in Germany, or children living abroad, who are affected by German inheritance law. How children enforce their compulsory portion is explained in Compulsory portion for children: entitlement, amount and enforcement; here the focus is on the testator’s perspective.
What Disinheritance Means Legally
Without a will or inheritance contract, statutory succession applies. Under § 1924 BGB, children are heirs of the first order, so they inherit before all other relatives. Disinheritance means that you change this statutory succession by a disposition upon death (Verfügung von Todes wegen), so that the child does not become an heir.
This is an expression of testamentary freedom (Testierfreiheit). You do not have to justify your decision, and the reasons need be neither fair nor comprehensible to third parties. The only limit is drawn by the law on compulsory portions. In its decision of 19 April 2005 (1 BvR 1644/00 and 1 BvR 188/03), the Federal Constitutional Court (Bundesverfassungsgericht) held that the children’s economic minimum share in the estate, which is in principle non-withdrawable and independent of need, is compatible with the Basic Law (Grundgesetz). That decision remains the constitutional foundation of the compulsory portion; the legislature redrafted the grounds for withdrawal with effect from 1 January 2010.
How to Disinherit a Child: Two Ways
A child is disinherited when a disposition upon death excludes the child from succession, either by appointing other heirs or by express exclusion.
Way 1: Appoint other heirs. In your will you appoint persons or organisations as heirs, for example your spouse, another child, siblings or a charitable institution. The child who is not provided for then does not inherit, and his or her name does not have to appear in the will. It is important, however, that the will covers the entire estate; otherwise statutory succession applies again to the remainder.
Way 2: Express disinheritance. Under § 1938 BGB you can exclude a relative from statutory succession without appointing another heir (a so-called negative will, Negativtestament). An example of such a wording: “I disinherit my son Michael. His descendants are also excluded from succession.” Without the appointment of an heir, however, it remains open who inherits instead. The remaining statutory heirs then move up, and this may affect persons whom you did not want to provide for at all.
The addition regarding descendants is not mere decoration. Under statutory succession, the children of a child who drops out take that child’s place. Whether the disinheritance of the child, without further details, also covers his or her children is a matter of interpreting the will. Anyone who wants to avoid this should regulate it expressly, in both directions: should the grandchildren inherit or not?
Form of the Will
A will is valid only if the form is correct. Either you write it entirely by hand and sign it (handwritten will, eigenhändiges Testament, § 2247 BGB), or you have it notarised. A typed will, or a private will written by someone else, is invalid. Spouses can make a joint will (gemeinschaftliches Testament), in which one of them writes the text by hand and both sign. You can place the handwritten will in official custody at the local court (Amtsgericht) (§ 2248 BGB). This prevents it from being suppressed or not found.
The Compulsory Portion Remains: What the Disinherited Child Is Entitled To
A disinherited child is entitled to a compulsory portion under § 2303 (1) BGB. The compulsory portion is half of the value of the statutory share. It is a pure monetary claim against the heir or heirs; the child therefore receives no share in individual assets and does not become a co-heir. The child must assert the claim personally; nobody pays automatically.
Example calculation with assumed figures: Anna is a widow and leaves a net estate of 400,000 euros. She has two children, Ben and Clara, and appoints Clara as sole heir. Ben would have been a statutory heir to 1/2, and his compulsory portion is 1/4, that is 100,000 euros. Clara must pay this amount, even if she has to mortgage or sell the house to do so. If, by contrast, Anna is married and the spouses live under the statutory matrimonial property regime, the shares change: alongside the spouse and two children, the spouse inherits one half under the inheritance-law solution (erbrechtliche Lösung), and each child 1/4, so a child’s compulsory portion is then 1/8. This applies if the spouse becomes an heir or legatee. If the spouse is disinherited as well, the children’s compulsory portions change again. How the matrimonial property regime has an effect must be calculated precisely in each case.
The person entitled to a compulsory portion can demand information from the heir about the composition of the estate (§ 2314 BGB), including gifts that may lead to a supplement. Anyone who disinherits a child should therefore expect that the heir will have to prepare inventories and prove values, in the case of real estate usually by means of an expert valuation.
Supplementary Compulsory Portion in Case of Gifts
Anyone who gives away assets during their lifetime reduces the estate, but not automatically the compulsory portion. Under § 2325 BGB, the person entitled to a compulsory portion can claim as a supplement (Pflichtteilsergänzung) what the compulsory portion would be if the gift still belonged to the estate. The gift counts in full in the first year before the date of death, in each further year one tenth less, and after ten years not at all (§ 2325 (3) BGB). For gifts to a spouse, this period does not begin before the marriage is dissolved. A reservation of rights of use can also mean that the period does not even begin to run if the donor essentially retains the enjoyment of the object, for example in case of an unrestricted usufruct (Nießbrauch) over the transferred house (Federal Court of Justice, Bundesgerichtshof, judgment of 27 April 1994, IV ZR 132/93, NJW 1994, 1791). A right of residence over only part of the house, on the other hand, does not necessarily prevent the period from starting (Higher Regional Court of Munich, judgment of 21 July 2025, 33 U 2755/24 e). This is a common error in transfers of houses with reservations.
Withdrawal of the Compulsory Portion: Only within Narrow Limits
Disinheritance takes the inheritance away from the child; withdrawal of the compulsory portion (Pflichtteilsentzug) additionally takes away the compulsory portion. For this, § 2333 (1) BGB requires one of the following grounds:
← Tabelle nach links wischen, um weitere Spalten zu sehen
| No. | Ground |
|---|---|
| 1 | The child attempts to kill the testator, the testator’s spouse, another descendant or a person close to the testator. |
| 2 | The child is guilty of a serious crime or a serious intentional offence against one of these persons. |
| 3 | The child maliciously violates the statutory duty of maintenance owed to the testator. |
| 4 | The child is finally sentenced for an intentional criminal offence to a prison term of at least one year without probation, and sharing in the estate is therefore unreasonable for the testator. The same applies to a comparably serious offence with a final order of placement in a psychiatric hospital or a detoxification facility. |
The most frequent trigger in practice, the breaking off of contact, is not on this list. Quarrels, ingratitude, a different lifestyle or a strained relationship are not sufficient either. The former law still recognised the ground for withdrawal of a dishonourable or immoral way of life; this was abolished by the 2010 inheritance law reform. Gross ingratitude does entitle a donor to revoke a gift (§ 530 BGB), but even before the reform it was not a ground for withdrawing the compulsory portion.
Anyone who has a ground for withdrawal must also observe the form. Withdrawal is made by a testamentary disposition; the ground must exist at the time it is made and must be stated in the disposition (§ 2336 (1) and (2) BGB). In case of a conviction under no. 4, the offence and the ground of unreasonableness must already exist at the time of making the disposition, and both must be stated in it. The burden of proof lies on the person who relies on the withdrawal (§ 2336 (3) BGB), in a dispute therefore the heir who refuses to pay. The right of withdrawal also lapses through forgiveness; a withdrawal already ordered then becomes ineffective (§ 2337 BGB).
This has a practical consequence. The heir has to prove the incident years later, when the testator is no longer available as a witness. Anyone seriously considering a withdrawal should record the facts with dates, persons involved and supporting documents in such a way that a court can follow them, and should have the wording reviewed by a lawyer.
Three Mistakes Laypeople Typically Make
The three most common mistakes in disinheriting a child are a binding earlier disposition, an ineffective withdrawal of the compulsory portion, and a lack of planning for the compulsory portion.
1. The will can no longer be changed. Many parents make a joint will, for example a Berlin-style will (Berliner Testament), and years later want to disinherit a child. If the appointment of the final heir is reciprocal (wechselbezüglich), the surviving spouse can no longer change it freely after the first death; the right of revocation lapses with the death of the other spouse (§ 2271 (2) BGB). An inheritance contract is also binding. Before a disinheritance, it must therefore be clarified whether and how earlier dispositions can be revoked. The consequences of a Berlin-style will with a foreign connection are covered in Berlin-style will with a foreign connection.
2. The withdrawal of the compulsory portion is ordered without a sound ground or without the proper form. “No contact for ten years” is not enough. If the withdrawal is ineffective, the compulsory portion remains, and the child can claim it in full. A merely general statement of reasons in the will does not replace the concrete facts.
3. The compulsory portion is treated as a side issue. Anyone who disinherits a child burdens the heirs with a monetary claim that falls due upon the death. If the estate consists mainly of real estate, the heirs often lack liquidity. The law does provide for deferral (Stundung) if immediate payment would be an unreasonable hardship for the heir because of the nature of the estate assets, for example because he or she would have to give up the family home or sell an asset that forms the economic basis of life for the heir and his or her family; the interests of the person entitled to the compulsory portion must be given due consideration (§ 2331a (1) BGB). But this is not the rule. Liquidity planning, for example through a life insurance policy or a legacy in favour of the heirs, belongs in estate planning.
In addition there are frequent formal errors in self-written wills: a missing signature, additions by a third hand, and ambiguous wording such as “shall get nothing”, which does not make clear whether the child is to be disinherited or merely not to receive a particular item.
How the Compulsory Portion Can Be Reduced Lawfully
Anyone who cannot withdraw the compulsory portion may be able to limit it. The following routes come into consideration above all:
- Waiver of the compulsory portion (Pflichtteilsverzicht). During the testator’s lifetime, the child can waive his or her right to a compulsory portion (§ 2346 (2) BGB). The contract requires notarisation (§ 2348 BGB) and in practice is usually concluded against a payment in compensation. On waivers in international estates, see Waiver of the compulsory portion in international estates.
- Lifetime gifts with an offsetting provision. A gift to the child is credited against the compulsory portion only if the testator determined this at the time of the gift (§ 2315 (1) BGB). The determination must therefore be made before or at the latest at the time of the gift, not only in the will.
- Lifetime transfers. Under § 2325 (3) BGB, a gift is taken into account one tenth less every year and, after ten years have passed, no longer triggers a supplementary claim, provided the period has started to run at all. An overview of the options is given in Lifetime transfer of assets instead of a will.
- Matrimonial property regime. The testator’s matrimonial property regime (Güterstand) changes the statutory shares of inheritance and thus the children’s compulsory portions.
- Restriction in good faith. If a child is overindebted or a spendthrift, the testator can restrict the compulsory portion by appointing a subsequent heir (Nacherbe) and by executorship (§ 2338 BGB). This is not a punishment but a protection of the assets from creditors’ access.
Which of these arrangements holds up in an individual case depends on the assets, the family circumstances and the time frame. An adoption, for example of stepchildren, is possible only under the statutory conditions (for minors §§ 1741 ff. BGB, for adults §§ 1767 ff. BGB) and is reviewed by the court; it is not suitable as a mere means of reducing the compulsory portion.
Time Limits, Taxes and Costs
The compulsory portion claim is time-barred after three years and is taxed in the case of a child in tax class I; a handwritten will incurs no notarisation costs.
Limitation (Verjährung). The compulsory portion claim arises upon the death and is time-barred within the regular period of three years. The period begins at the end of the year in which the claim arose and the entitled person learned of the circumstances giving rise to the claim and of the identity of the debtor, or would have had to learn of them without gross negligence (§§ 195, 199 (1) BGB). Example: death on 10 March 2027, knowledge in the same year, limitation at the end of 31 December 2030. Irrespective of knowledge, the claim is time-barred at the latest 30 years after the death (§ 199 (3a) BGB). The supplementary claim against the recipient of a gift is likewise time-barred after three years, beginning with the death (§ 2332 BGB).
Tax. The disinherited child pays inheritance tax on the compulsory portion as an acquisition upon death as soon as the child asserts it. For children, tax class I applies with an allowance of 400,000 euros per parent (§ 15, § 16 (1) no. 2 Inheritance and Gift Tax Act, Erbschaftsteuer- und Schenkungsteuergesetz, ErbStG). This allowance presupposes unlimited tax liability. If both the testator and the child live abroad, the allowance is lower under limited tax liability (§ 16 (2) ErbStG). The heir can deduct the compulsory portion debt as an estate liability to the extent that the compulsory portion is asserted (§ 10 (5) no. 2 ErbStG).
Costs. A handwritten will incurs no notarisation costs apart from custody. Notary fees for a will, inheritance contract or waiver of the compulsory portion are governed by the Court and Notary Fees Act (Gerichts- und Notarkostengesetz) and depend on the value of the assets. Fees for legal advice are by agreement or according to the statutory fees; binding flat rates cannot be stated without knowing the individual case.
Disinheritance with a Foreign Connection
If the testator lives abroad, has assets abroad, or a child is resident abroad, the first question is which inheritance law applies at all. From the perspective of German courts, the European Succession Regulation (Europäische Erbrechtsverordnung, EuErbVO) determines the applicable law, even if the testator lived in a third country (Art. 20 EuErbVO). Denmark and Ireland do not apply the Regulation; German courts treat them like third countries and nevertheless determine the applicable law under the EuErbVO. In principle, the law of the last habitual residence is decisive (Art. 21 (1) EuErbVO), unless a choice of law in favour of the law of nationality has been made (Art. 22 EuErbVO). Exceptionally, the law of another state applies if the testator had a manifestly closer connection to that state (Art. 21 (2) EuErbVO). Whether and how a compulsory portion exists then depends on the applicable law; some legal systems know no monetary claim but a share in the estate itself. For questions of foreign law, an adviser on the spot should be consulted. On the German fundamentals, see Will with residence abroad and Compulsory portion law and foreign assets.
Conclusion
Disinheriting a child is legally simple; excluding a child completely from the estate is not. The will suffices for the disinheritance, but the compulsory portion, amounting to half of the statutory share, remains, and the withdrawal of the compulsory portion comes into question only exceptionally because of the narrow grounds of § 2333 BGB. What decides the outcome is the form of the will, the binding effect of earlier dispositions, realistic liquidity planning and timely arrangements such as a waiver or a lifetime transfer. Anyone who relied on a disinheritance without checking these points usually experiences the surprise only upon the death, when nothing can be changed any more.
Frequently Asked Questions
May I disinherit my child if there is no longer any contact?
Yes, the will can exclude the child from succession. The lack of contact is not, however, a statutory ground for withdrawing the compulsory portion. The child therefore generally keeps his or her compulsory portion in money.
Do I have to give reasons for the disinheritance in the will?
No, you need no reasons for the disinheritance itself. It is different with the withdrawal of the compulsory portion: here the ground for withdrawal must be stated in the disposition (§ 2336 (2) BGB), together with the concrete facts.
When does the compulsory portion claim of a disinherited child become time-barred?
After three years, counted from the end of the year in which the child learned of the death and of the disinheritance (§§ 195, 199 BGB). For the start of the period, knowledge is therefore decisive, not the date of death alone. Irrespective of this, the claim is time-barred at the latest 30 years after the death (§ 199 (3a) BGB).
Can the grandchildren inherit even though the child is disinherited?
Yes, if you expressly appoint the grandchildren as heirs. Without an express provision, interpretation must clarify whether the disinheritance also covers the descendants of the disinherited child. The child itself keeps its compulsory portion claim.
Can I later change a Berlin-style will to the detriment of a child?
That depends on whether the dispositions are reciprocal. If so, the surviving spouse can in principle no longer revoke them after the first death (§ 2271 (2) BGB). A change during the lifetime of both spouses is possible only under the statutory conditions. Have this checked beforehand.
Attorney Dr. Johannes Fiala and the law firm, with a focus on international inheritance law, tax law and asset protection in Munich, advise parents and heirs on disinheriting children and on the compulsory portion, from drafting the will through reviewing a withdrawal of the compulsory portion to defending or enforcing compulsory portion claims. Dr. Fiala has published extensively on questions of emigration and asset protection. Contact the firm without obligation to have your individual situation discussed in an initial consultation.
