As a rule, the waiver of the compulsory share, or in some cases even better the waiver of the 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 17 billion euros that his father amassed with the automotive supplier Knorr-Bremse, among others.
During his father’s lifetime he had signed an agreement to waive his compulsory share and in return received a severance payment of 25 million euros. He is now challenging this in court – so far without success.
Close relatives are usually entitled to a compulsory share 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 compulsory portions as “the most effective instrument” for excluding relatives from their claim.
The law also provides reasons to withdraw the compulsory share. If neither is possible, there is still a final means of putting the inheritance into the right hands.
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