If a close relative has been disinherited, the statutory share guarantees a minimum share of the estate. In an interview, lawyer Klaus-Dieter Rose explains when it is better to waive this statutory share.
Mr. Rose, just recently there was a prominent inheritance dispute about a waiver of a statutory share. The three adopted children of drugstore entrepreneur Erwin Müller initially waived their statutory share – but later demanded it. What exactly is a statutory share in an inheritance?
When someone dies in Germany, the law stipulates that the next of kin should not be left completely empty-handed. Even if a relative is excluded from the inheritance by a will, that person can still demand a statutory share. This is half of what they would receive as a legal share of the inheritance and is purely a monetary claim.
Source: Stern
