Reconciliation before death prevents inheritance share reduction, German court rules

A recent ruling by a German court has affirmed that a reconciliation between a father and son shortly before the father's death can prevent the reduction of the son's mandatory inheritance share, even after years of estrangement.

The case involved a son who had been distant from his father for decades but resumed a close relationship in the father's final years. The court recognized that the son visited his father weekly at a senior living facility, assisted him with problems, and regularly played chess with him. This renewed closeness was deemed sufficient to override the legal provisions that might otherwise allow for a reduction of the son's inheritance.

German inheritance law, specifically the "Pflichtteilsrecht," guarantees certain close relatives, such as children, a minimum share of a deceased person's estate, even if they are excluded or receive little in a will. Typically, these heirs cannot lose their entitlement unless specific legal exceptions apply. This ruling underscores that the law considers the restoration of familial ties as a significant factor.

The decision serves as a reminder of the nuances within inheritance law, where maintaining or re-establishing personal relationships can have tangible legal consequences. It emphasizes that legal entitlements can be preserved through demonstrated familial connection, even if that connection was interrupted for a considerable period.