Probate Litigation in Germany – Find out how to Problem a Will

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Why are German Wills often successfully challenged and voided?

As in most jurisdictions, a German Last Will can be challenged if the testator, at the time of making the Will,

(i) lacked mental capacity (in German: if he or she was “testierunfähig”); or

(ii) was under undue influence, e.g. pressured or threatened (“bedroht”); or

(iii) was under some false impression (“im Irrtum”), i.e. erred about certain circumstances.

These are the most commonly known standard legal reasons based on which a Will can be made void. German inheritance law, however, has a few surprises to offer.

More legal grounds for challenging Wills under German Succession Laws

Under German inheritance law, there are additional grounds for challenging a will which are unknown to most Common Law systems. These are the so called “Anfechtungen wegen Übergehung eines Pflichtteilsberechtigten”section 2079 German Civil Code (Bürgerliches Gesetzbuch).

These rights to challenge and make void an otherwise perfectly fine German will often surprise and take aback even German beneficiaries and their lawyers. The idea behind these statutes is to protect the interests of the surviving spouse and of children if the Will has been set up at a time when the testator was not yet married to said spouse or the (additional) child has not been born. In these circumstances, if the testator does not amend, i.e. update, his or her “old” will, the spouse or child not mentioned therein can make this will void by appealing to the German probate court (Nachlassgericht), which must be done within certain deadlines.

The details on how to formally challenge a Will in Germany are explained in this blog here. and in the post “Contentious Probate in Germany

More on litigation and legal costs in Germany:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

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