How Can I Challenge the Legal Succession If I Feel I Am Being Treated Unfairly?

Challenging the legal succession (intestate succession) in Germany can be complex, as the law is clear and strictly governs the distribution of an estate when there is no will. However, there are circumstances in which you can question the process or assert your rights if you believe the distribution is unfair or incorrect. Here’s a step-by-step guide on how to challenge legal succession:

 
1. Understanding Legal Succession
1.1 What Is Legal Succession?
Legal succession applies when the deceased did not leave a valid will. The estate is divided among legal heirs according to the German Civil Code (BGB), prioritizing close family members such as spouses, children, and parents.

1.2 Why Might You Feel Treated Unfairly?
Unfair treatment might arise if:

You believe assets or heirs have been overlooked.
You contributed significantly to the deceased’s wealth without recognition.
You were excluded because you are not legally recognized as a spouse or heir.
 
2. Grounds for Challenging Legal Succession
2.1 Mistakes in Heir Identification
If the identified heirs do not include all eligible individuals, you can challenge the succession. For example:

Illegitimate or adopted children may have been overlooked.
Stepchildren or other relatives may have been mistakenly included or excluded.
2.2 Disputes Over Asset Valuation
You can dispute the value of specific assets if you believe they were undervalued, reducing your share, or overvalued, increasing liabilities unfairly distributed to you.

2.3 Claims for Contributions
If you financially contributed to the deceased’s wealth (e.g., investing in property or supporting their business), you can assert a claim for reimbursement or recognition of your contribution.

2.4 Fraud or Misrepresentation
If an heir concealed assets or provided false information to gain a larger share of the estate, you can challenge the process in court.

 
3. Steps to Challenge Legal Succession
3.1 Gather Evidence
Collect documents that support your claim, such as:

Proof of financial contributions.
Joint ownership documents for property or assets.
Evidence of overlooked heirs, such as birth certificates.
3.2 Request an Estate Inventory
Demand an official inventory of the estate from the probate court (Nachlassgericht) to ensure all assets and liabilities are accurately recorded.

3.3 Engage an Inheritance Lawyer
A lawyer specializing in inheritance law can assess your case, advise on the strength of your claim, and represent you in disputes with other heirs.

3.4 File a Legal Challenge
If necessary, file a formal objection with the probate court, detailing why you believe the legal succession is unfair or incorrect.

 
4. Special Claims Outside Legal Succession
4.1 Compensation Claims
If you are not a legal heir but contributed to the deceased’s wealth, you can file a compensation claim under civil law.

4.2 Maintenance Claims
If you were financially dependent on the deceased, you might be entitled to a claim for posthumous maintenance.

4.3 Life Insurance and Beneficiary Accounts
Assets such as life insurance or pension benefits that bypass the estate may still allow you to receive some financial support if you were listed as a beneficiary.

 
5. Resolving Disputes with Other Heirs
5.1 Negotiation and Mediation
Attempt to negotiate with other heirs to reach an amicable solution. Mediation can help avoid costly and lengthy court proceedings.

5.2 Court Intervention
If negotiation fails, you can bring your claim to the probate court for resolution. The court will review the evidence and determine if adjustments to the inheritance are warranted.

 
6. Statutory Deadlines for Challenging Succession
6.1 Inheritance Acceptance or Rejection
You have six weeks from the date you are informed of the inheritance to accept or reject it. This applies to disputes involving debts or liabilities in the estate.

6.2 Filing a Challenge
If you wish to challenge the process, act promptly. Delays could weaken your case or result in losing your right to dispute.

 
7. Common Challenges and Outcomes
7.1 Undisclosed Assets
If you uncover assets that were not included in the estate, the court can reopen the case to ensure proper distribution.

7.2 Invalid Heir Claims
If an individual’s heir status is invalidated (e.g., fraudulent claims), the court will redistribute the estate accordingly.

7.3 Reimbursement for Contributions
Courts can award financial compensation if you prove significant contributions to the deceased’s property or wealth.

 
8. Conclusion
Challenging legal succession is possible but requires strong evidence and a clear understanding of German inheritance law. Whether you are a legal heir disputing your share or a partner seeking recognition of your contributions, acting promptly and seeking professional legal advice is essential. With the right approach, you can ensure a fair outcome and protect your interests.