Inheritance Law for Spouses or Registered Partners

If a valid marriage or registered partnership exists at the time of death, the surviving partner is entitled to a statutory right of inheritance. The amount of the inheritance share depends on which relatives of the deceased they compete with. The law generally treats spouses and registered partners equally.

Requirements for Statutory Succession

The statutory right of inheritance applies when:

• no will exists,
• a will is invalid or incomplete,
• appointed heirs do not receive the estate (e.g., due to renunciation or unworthiness to inherit).

Statutory Inheritance Share of the Surviving Spouse or Partner

The amount of the statutory inheritance share depends on which relatives of the deceased the surviving spouse or partner is facing:

• If neither descendants nor parents are present: The spouse or partner inherits the entire estate.
• Alongside descendants (e.g., children): The surviving spouse or partner receives 1/3, the remaining 2/3 go to the children of the deceased.
• If the deceased’s children have already passed away, their children – i.e., the grandchildren – take their place. This so-called representation means that the grandchildren jointly receive the share of inheritance that would have been due to their parents.
• Alongside the deceased’s parents: The surviving spouse or partner receives 2/3, the deceased’s parents together 1/3 – 1/6 each if there are two parents.

Illustrative Examples

• The deceased leaves behind a wife and daughter: The wife receives 1/3, the daughter 2/3.
• The daughter passed away previously but leaves behind two children: Wife 1/3, grandchildren 1/3 each – they represent the daughter.
• The deceased leaves behind a registered partner and both parents: The partner receives 2/3, the parents 1/6 each.
• Only the mother is still alive: The partner receives 5/6, the mother 1/6.

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Crediting of Prior Contributions

If the surviving spouse or partner has already received assets from a marriage or partnership agreement, inheritance contract, or during their lifetime, these will be credited. This means: The value is arithmetically added to the estate, then the inheritance share is determined, and subsequently, what has already been received is deducted. This is intended to ensure a fair overall distribution.

Important Restriction: No Representation of the Surviving Partner

Children of the surviving spouse or partner who are not also children of the deceased cannot represent them. Therefore, if the surviving partner dies, their own children do not automatically enter into their statutory heir position with regard to the first estate.

In addition to crediting, a marriage or partnership agreement can also contain a complete waiver of inheritance. In such cases, the statutory right of inheritance is entirely forfeited. Whether such a waiver is effective and conclusive should be legally reviewed.

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Further Rights of the Surviving Partner

• Advance Legacy: The surviving spouse or partner is permitted to continue living in the shared home and to continue using the household effects. This right applies independently of the statutory inheritance share and is not credited.
• Maintenance Claim: In rare cases, the surviving spouse or partner may claim maintenance from the estate. This claim is limited and subject to comprehensive crediting against any inheritances, pensions, or personal income already received.

Exclusion from Statutory Inheritance Rights

The statutory right of inheritance is forfeited if:

• the marriage or partnership was already legally divorced or dissolved,
• in ongoing divorce or dissolution proceedings, the deceased did not culpably delay them,
• the partners were already permanently separated at the time of death.

If the spouse or registered partner is intentionally excluded by a will, they may still be entitled to a forced heirship claim under certain circumstances. This amounts to half of the statutory inheritance share and can be asserted even if they were disinherited. This applies provided there are no grounds for disinheritance from the forced share.

Special Regulation in Ongoing Proceedings

If an agreement on asset distribution has already been reached during divorce or dissolution proceedings, it remains valid even if one of the partners dies during the proceedings. In this case, there is also no claim to maintenance or an advance legacy.

Your Benefits with Legal Assistance

Our law firm assists you with:

• the secure drafting of wills and inheritance contracts,
• the assertion of statutory claims,
• the optimal protection of the surviving partner.

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Frequently Asked Questions – FAQ