In many blended families it is assumed that stepchildren automatically inherit – in fact, the law states something completely different. If you want to take stepchildren into account in the event of an inheritance, you have to be proactive. The article explains which rights exist and which do not – and how stepchildren can be legally integrated into estate planning.
Legal status of stepchildren
Stepchildren are the children of the spouse or life partner from previous relationships, without biological parentage or adoption to the stepparent. They are therefore not considered descendants within the meaning of § 1924 BGB and do not fall under the definition of kinship in § 1589 BGB. Consequence: You are excluded from statutory inheritance according to §§ 1922 ff. BGB, have no statutory share of the inheritance and no claim to a compulsory portion according to § 2303 BGB. Inheritance law in Siegen makes it clear that moral or social ties alone do not establish a claim to inheritance and that without clear inheritance regulations, disappointed expectations often arise in patchwork families.
How stepchildren can still participate in the estate
Stepchildren “must be actively considered in a will,” otherwise they will be ignored (consistent case law). They can be appointed as co-heirs through a will in accordance with Section 1937 of the German Civil Code (BGB) or receive specific donations. An inheritance contract according to § 1941 BGB offers additional binding effect because agreements can only be changed together. Inheritance law Siegen also mentions legacies, gifts during your lifetime and anticipated inheritance as options for protecting stepchildren and limiting later disputes. However, stepchildren are only fully equal if they are adopted according to Section 1754 of the German Civil Code (BGB); Then they receive legal inheritance rights and a compulsory share like biological children.
Compulsory part, biological children and typical conflicts
Non-adopted stepchildren do not belong to the group of those entitled to a compulsory portion according to Section 2303 of the German Civil Code (BGB). Particularly descendants, spouses and, in certain constellations, parents are entitled to a compulsory share. Inheritance law in Siegen emphasizes that a stepchild has no minimum claim to the estate, even after decades of being part of the family without adoption and without a testamentary gift. In order to strengthen the position of stepchildren, compulsory portion penalty clauses are often used in joint wills: biological children who claim their compulsory portion are disadvantaged in the final distribution. According to Erbrecht Siegen, this can effectively secure the position of a stepchild, even if he or she is not entitled to a compulsory portion. However, stepchildren cannot prevent biological children from being disinherited.
Taxes, formal requirements and planning for patchwork families
In terms of inheritance law, stepchildren are disadvantaged, but for inheritance tax purposes they are treated the same as biological and adopted children if there is a recognized stepchild relationship. According to Erbrecht Siegen, stepchildren are entitled to an inheritance tax allowance of 400,000 euros in tax class I, like biological and adopted children. This allowance can also be used through donations as part of an anticipated inheritance, whereby transfers at time intervals can be taken into account multiple times.
At the same time, Inheritance Law Siegen warns against legal pitfalls: handwritten wills must be completely handwritten and signed; Inheritance contracts require notarization and the personal presence of all parties involved. Formal errors, unclear names of stepchildren or contradictory regulations open up possibilities for legal heirs to challenge the matter, for example according to Sections 2078 ff. of the German Civil Code (BGB). Oral agreements with stepchildren have no binding effect. According to Erbrecht Siegen, early, clear and regularly reviewed estate planning is therefore recommended, especially in patchwork families with several children from different relationships.
Editorial team finanzen.net