2024-05-08 03:43:10
Three adopted children are suing the drugstore entrepreneur Müller. They demand their compulsory share from the inheritance, even though they have waived it contractually. Here are your chances.
The trial between drugstore entrepreneur inheritance dispute“>Erwin Müller and his wife Anita Müller, on the one hand, and their three adult adopted children, on the other, began before the Ulm regional court on Monday. The three children demand their compulsory share of the inheritance and are therefore suing their adoptive parents. According to media reports, it is said to be around 500 million euros.
t-online explains what the court case is about, how German inheritance law stipulates it and under what circumstances a waiver of a compulsory portion is contractually permissible.
Adopted children want justice
According to the Ulm regional court, it concerns a contract signed in 2015 in which the three adult adoptees waived their compulsory share. “We are attacking the contract waiving the compulsory portion because we consider it to be immoral and void of form,” explained Maximilian Ott, lawyer for the adoptees.
According to a report by “tagesschau.de”, the plaintiffs described the relationship between Erwin Müller and his adopted children in court as very close. “You shouldn’t lack for anything. Money doesn’t matter,” the drugstore billionaire is said to have said. However, in order to protect the company, they would have to forego their compulsory share of the inheritance.
Later, the many promised donations did not materialize, according to “tageschau.de”. “We feel like we were used,” an adopted son told the court. Back then, he signed the contract waiving the inheritance without really knowing what it meant. Now he, his wife and his brother, who are plaintiffs in the lawsuit, wanted justice.
Compulsory portion claims in German inheritance law
According to the legislature, the right to a compulsory portion of an inheritance has constitutional status. Laws with constitutional status have a very high level of validity because they can only be repealed or changed with a two-thirds majority of the members of the Bundestag.
Cases for waiving the compulsory portion of the inheritance
However, in the adopted children’s lawsuit against Erwin Müller, the court recognizes the possibility that the contract between the parties was legally concluded. Case law stipulates that under certain familial, legal and economic family constellations it is possible to contractually agree on a waiver of compulsory portion.
- If the relationship of trust with the children is disturbed and an inheritance dispute is to be prevented, the testator can disinherit those entitled to a compulsory share by paying a severance payment.
- If the children have already received their “inheritance” during their lifetime, for example through generous gifts, the waiver of the compulsory portion of the inheritance can be regulated before the testator’s death. All donations are counted towards the possible compulsory portion.
- With a Berlin will, spouses support each other in the event of an inheritance. If the estate consists mainly of immovable assets such as land or buildings, this could have serious consequences for the widow if there is not enough liquidity to meet the compulsory portion claims.
- An important aspect for a possible waiver of the compulsory portion of the inheritance could also be that a company is at risk from the successful continuation of its business. The waiver is intended to ensure sustainable business success.
The basic rule is: A waiver of a compulsory portion must be contractually agreed between the testator and the heirs entitled to a compulsory portion during the lifetime of both parties. As a rule, a severance payment is agreed upon in return. The contract must also be notarized.
Disinherited persons have the right to challenge such a contract due to error, fraudulent misrepresentation or threat. In addition, a waiver of a compulsory portion may be void due to immorality. This would be the case, for example, if the testator took advantage of a predicament or the inexperience of the heirs, who forego their compulsory share. If the severance payment is grossly disproportionate to the waiver, the contract may also be void.
Court sees little chance of success
In the court’s opinion, the lawsuit brought by the adopted children, all three of whom are at least around 60 years old, has little chance of success. In its preliminary legal opinion on Monday evening, the chamber did not assume that the contract waiving the compulsory portion was void or immoral.
According to the latest estimates by “Manager-Magazin”, Erwin Müller has a fortune of around 1.3 billion euros. A verdict in the case could be announced on July 29.