Inheritance dispute

The term inheritance dispute or inheritance dispute covers all legal disputes that can arise around an inheritance. An inheritance dispute or inheritance dispute is a legal dispute after the death of a person – usually in the area of ​​inheritance law. Inheritance disputes can have very different reasons and take place between different people. They can also relate to the entire inheritance or to individual items from the inheritance.

In principle, it is sensible to seek the support of a lawyer or specialist lawyer for inheritance law in an inheritance dispute. Depending on the situation, legal representation may also be necessary if you want or have to take legal action.

Inheritance disputes relating to wills

A common case of inheritance disputes is that heirs doubt the validity of a will or inheritance contract. The reasons for (possible) invalidity can vary: a will can be invalid because the testator was not capable of making a will, i.e. was no longer mentally capable of making a will. But formal errors (e.g. a missing signature) can also make a will invalid. If there is a suspicion that a will is not valid, this must be reported to the probate court. A lawsuit in court is also possible.

If the testator was mistaken about certain circumstances when making the will, contesting the will by filing a declaration of contestation in court is generally the right way to go.

In both cases, the consequences can be significant: the statutory succession often applies instead of the will. But an earlier will can also be valid again under certain circumstances. The result can make a big difference for individual people.

But the interpretation of a valid will can also cause disputes. Disputes usually arise between heirs when different interpretations lead to different results regarding the status of the heir. This inheritance dispute usually arises in the inheritance certificate procedure before the probate court when (alleged) heirs apply for a certificate of inheritance. The court is then called upon to interpret the will and ultimately decide on the status of the heir.

Inheritance disputes surrounding the “legal portion”

When it comes to legal portion claims, inheritance disputes are often inevitable. This is because a legal portion claim is inevitably preceded by the disinheritance of a close relative. This fact alone often leads to discontent in the family of the deceased person.

One consequence can be that a person who is now “only” entitled to the legal portion takes action against the last will and testament in which the disinheritance occurred. This can be done, for example, by contesting the will or inheritance contract or by challenging the validity of the will in court.

Much more frequently, however, a legal dispute can also develop over the legal portion claims themselves: This is because there is almost always a dispute over how much money the heirs have to pay the person entitled to the legal portion. If the heir or heirs do not want to satisfy the legal portion claim, it is possible that the person entitled to the legal portion can file a lawsuit for payment.

Claims and rights of estate creditors

The same applies to other so-called estate creditors: contractual partners of a deceased person or other creditors can also assert numerous claims that previously existed against this person against heirs after their death, either out of court or in court. Here, too, one can speak of an inheritance dispute.

Disputes between heirs / disputes within the community of heirs

Last but not least, there is a considerable potential for conflict within a community of heirs, which can erupt in inheritance disputes.

On the one hand, differences of opinion and conflicts can arise in connection with the administration of the community of heirs, for example when it comes to the administration of the community. For example, heirs have a right to participate in the proper administration of the estate (Section 2038, Paragraph 1, Sentence 2 of the German Civil Code (BGB)).

On the other hand, disputes within the community of heirs are the main cause of inheritance disputes among the heirs – especially if there is disagreement about the distribution of the inheritance among the heirs. Such disputes often end in a partition auction if real estate is part of the estate, or in a so-called inheritance dispute suit.

Resolving inheritance disputes

Resolving inheritance disputes begins, at best, with the avoidance of these disputes. Ideally, testators themselves can prevent inheritance disputes by drawing up last wills and testaments with the help of a lawyer that are clearly worded, contain legacies if necessary, name an executor, etc., thus ensuring clarity among the heirs.

However, if heirs do not find themselves in such a situation after the inheritance, out-of-court negotiations are an important step in disputes between heirs and with estate creditors. Such negotiations can help prevent an inheritance dispute from escalating. Mediation can also be useful in such a situation.

If conflicts cannot be resolved amicably, going to court is the last option for getting justice.