This will change with the new inheritance law 2023

The revised inheritance law will enter into force on January 1, 2023. What will be valid from then on – and what can be edited now.

What changes in the mandatory parts?

This will be new: Parents’ mandatory sections no longer exist and children’s are getting smaller. Only one’s own grandchildren and spouses are now entitled to a minimum share of the inheritance. The compulsory part now corresponds to half of the legal part of the inheritance for both spouses and grandchildren. For spouses, everything remains the same. Your own children are entitled to at least half of the entire inheritance if the testator is not married. And a quarter if there is a wife.

You can set this up: You can distribute at least half of your property as you wish. If you are not married or have children, you are completely free. For example, if you no longer want to include your parents in your will, you can delete their post.

Are donations still allowed?

This will be new: donations are only possible to a limited extent after the signing of an inheritance contract according to the new law. Occasional gifts are still allowed, such as a pile for the daughter’s birthday or a coupon for her niece’s wedding. Gifts that go beyond this, such as a share in a property or a share in a company, may be challenged again if such gifts are not specified in the inheritance agreement.

You can adjust this: If you still want to give gifts to others despite the existing inheritance agreement, you must adapt and complete the inheritance agreement. It is best to make it clear whether you are allowed to give gifts and to what extent. Attention: All parties must accept the changes. If the person has already passed away, a change is no longer possible.

How is the usufruct right regulated?

This is new: Half of the estate can be transferred as property to the spouse or registered partner, and the other half for the usufruct (previously one-quarter and three-quarters). If the surviving spouse or registered partner remarries, the law no longer allows children to inherit. They can then do whatever they want with it. Note: You only have this option if you have joint (adoptive) children, but not if you have stepchildren, for example.

You can set this up: if you took your spouse or registered spouse into account under the old law and now want to do them more favors by giving half of the estate as property and the other half as usufruct, formulate your wish in the contract. it will be as accurate as possible and will not only refer to article 473 of the Civil Code.

What Happens If You Die During a Divorce?

This will be new: from 2023, spouses or registered partners will lose their mandatory part rights during divorce proceedings. So far, this has only happened after the verdict. During the divorce case, the interests of the spouse in the will or inheritance contract are no longer spontaneously lost.

You can set this: You can specify that from 2023, even during the divorce proceedings, the ex-spouse or registered partner should not receive the legal part of the inheritance, since only the mandatory part of the inheritance is eliminated, not the legal part. However, you must specify this in the will.

What happens to a will that has already been written?

This will be new: for deaths before January 1, 2023, the old inheritance law still applies. Only then is the new will – also for existing wills. So, for example, if mandatory parts are mentioned, the new regulation will be applied automatically.

You can adjust this: Check if your will is still valid with new edits or if you want to add to it or make a new one. You must do both completely by hand and add the date and signature to the will. You can revoke all previous wills in an amended or new will.

Inheritance contracts can be changed at the notary public if all contracting parties agree. Formulate your requests as precisely as possible, don’t just rely on terms like “mandatory part” or “current quota”.

Legal succession and mandatory part

Legal Inheritance: In the event that the deceased does not leave any will or inheritance contract, the estate is distributed as determined by law. By law, a daughter and a wife each receive half. This situation will continue after January 1, 2023.

Mandatory part: The inheritance testament or contract may deviate from the legal inheritance. However: Some direct relatives inherit anyway. You have the right to receive a mandatory part, part of the estate determined by law, which cannot be reduced or taken back without a reason for expulsion from inheritance. From 1 January 2023, the mandatory portion of children can be reduced to a maximum of one quarter.