Munich Higher Regional Court on Disinheritance Due to Marriage
The freedom to make a will is a highly valued right, but it also has its limits. Wills that are immoral are considered void. Where the line between the freedom to make a will and immorality is drawn is often a point of dispute. The Munich Higher Regional Court clarified in a ruling on 23rd September 2024, that a testator may threaten to disinherit their son in a will if he marries his partner (Case No.: 33 Wx 325/23).
It is certainly not ideal to start a marriage when the future in-laws are outright rejecting the future daughter-in-law or son-in-law. While they cannot prevent the marriage, they can exert pressure and threaten disinheritance. The Munich Higher Regional Court made it clear that this does not cross the line into immorality, and the will remains valid. According to MTR Legal Rechtsanwälte, a law firm specializing in inheritance law, this ruling demonstrates the importance of respecting the boundaries of disinheritance.
Disinheritance Due to Marriage
In the underlying case, the deceased was a successful entrepreneur in the hospitality industry. He had been married three times and had two sons from different marriages. In his handwritten will from 2016, he named his sons as heirs. He added the condition: “If my son A. marries his partner C.L., he will be disinherited.” The son married his partner in 2018, and when the father died four years later, his son from the second marriage applied for a certificate of inheritance as the sole heir. He argued that his half-brother had been disinherited due to the marriage.
The probate court rejected the application, considering the disinheritance immoral. However, the Munich Higher Regional Court reached a different decision. It ruled that the disinheritance of the son from the first marriage was not immoral. In this case, the freedom of the testator to make a will took precedence. The fact that he conditioned the inheritance of his first son on the condition that he would not marry his partner did not automatically violate the son’s right to marry under Article 6 of the Basic Law, the Munich court ruled.
Freedom to Make a Will vs. Freedom to Marry
The court acknowledged that the case law regarding immorality in wills is inconsistent. However, in this case, the clause was not immoral but should be accepted within the framework of the testator’s freedom to make a will. The Munich Higher Regional Court explained that the testator had only exerted minimal pressure on his first son by including this condition in the will. The testator had previously stated that he would disinherit his son if he married his then-partner. However, the son was not deterred by this. Furthermore, an heir would be aware that he still has a claim to his compulsory share.
Had the father not previously threatened disinheritance to his son, such a clause in the will could not have exerted pressure on the son regarding marriage, at least not during the testator’s lifetime. Therefore, the court ruled that the focus for assessing immorality should be on the father’s previous statements, not the will itself.
Although the father used his freedom to make a will to influence a constitutionally protected personal matter of his son—namely his freedom to marry—the court emphasized that, in balancing the fundamental rights, this did not amount to immorality.
Claim to Compulsory Share Remains
It should be noted that the son retained his claim to the compulsory share and was aware of this when his father threatened him with disinheritance. No undue financial pressure was placed on the son before the marriage. Furthermore, the son continued to work in his father’s business after the marriage, which also indicates that no undue pressure was applied. The testator’s main goal was to prevent his partner from gaining influence over the business he had built, thereby protecting his legacy. Therefore, the Munich Higher Regional Court concluded that the disinheritance was not immoral.
The Munich Higher Regional Court’s decision strengthens the freedom to make a will. However, the line to immorality can still be crossed by provisions in a will. Therefore, it is advisable to seek legal advice in case of doubt.
MTR Legal Rechtsanwälte advises on wills, inheritance agreements, and other matters related to inheritance law.
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