English inheritance law violates German public order because children have no right to a compulsory portion

In its ruling of 29 June 2022, the German Federal Supreme Court affirmed that the application of English inheritance law to the estate of a person living in Germany has to be regarded as a violation of German public order insofar as it deprives children of the deceased of their claim to a compulsory portion which, according to the case law of the German Federal Constitutional Court, is irrevocable and independent of need. The decision means that, in future, in cross-border succession planning with a connection to Germany, even more attention must be paid than before to whether beneficiaries of the compulsory portion are being ignored. Oppenhoff already reported on the BGH's decision in August of this year. 

Dr. Axel Wenzel and David Falkowski provide detailed information on the topic in the December issue of ZErb. Click here for the article (PDF article download: ZErb 12/2022 - Erbrechtspraxis)

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