As a rule, the waiver of the compulsory portion, or in some cases even better the waiver of inheritance, is compensated with something in return. The amount of the severance payment is always a matter of negotiation.
(Photo: dpa)
Frankfurt Henrik Thiele, son of the late multi-billionaire Heinz Hermann Thiele, was disinherited. He doesn’t see a cent of the 25 billion euros that his father amassed with the automotive supplier Knorr- Bremse, among others.
He had signed an agreement during his father’s lifetime to waive his compulsory portion, in return for which he received a settlement of 25 million euros. He is now challenging it in court – so far without success.
Close relatives are normally entitled to a compulsory portion even after disinheritance – but this can be avoided. Carmen Mielke-Vinke, specialist lawyer for inheritance and tax law at the law firm Rose & Partner, sees the waiver of the compulsory portion as “the most effective instrument” for excluding relatives from their entitlement.
The law also provides reasons to withdraw the compulsory portion. If neither is possible, there is a final means of placing the inheritance in the right hands.
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