What Should I Do If My Partner’s Children Are Disputing My Inheritance Rights?

Disputes over inheritance can be emotionally and legally challenging, particularly when your partner’s children contest your rights to the estate. As a surviving spouse or partner, understanding your legal position and taking proactive steps can help you navigate and resolve such conflicts. Here's what you should do:

 
1. Understand Your Inheritance Rights
1.1 If You Were Married
As a legally married spouse, you are entitled to inherit under legal succession or as outlined in your partner’s will. Your share depends on:

The marital property regime (e.g., community of accrued gains, separation of property).
The number of heirs, including your partner’s children.
1.2 If You Were Not Married
If you were not legally married, you typically have no automatic inheritance rights under German law unless your partner named you in their will or as a beneficiary of specific assets, such as life insurance or pensions.

 
2. Assess the Basis of the Dispute
2.1 Challenging a Will
Your partner’s children may argue that the will is invalid due to:

Lack of proper execution (e.g., not handwritten or signed).
Allegations of undue influence or fraud.
Claims that the deceased lacked mental capacity when drafting the will.
2.2 Disputes Over Legal Succession
If there is no will, children may claim a larger share of the estate under legal succession. This is particularly common if they feel that the spouse’s share is disproportionate.

2.3 Specific Asset Claims
Children might contest your rights to certain assets, such as jointly owned property or funds from joint accounts, arguing that they belong to the estate.

 
3. Take Immediate Action
3.1 Gather Documentation
Secure all relevant documents to prove your inheritance rights or ownership of disputed assets, such as:

Marriage certificates.
The will or testamentary documents.
Proof of joint ownership (e.g., property deeds, bank account agreements).
3.2 Request an Estate Inventory
Demand a detailed inventory of the estate from the probate court (Nachlassgericht) to ensure transparency in the distribution process.

3.3 Freeze Disputed Assets
If children attempt to access or claim assets prematurely, you can request a court order to freeze these assets until the dispute is resolved.

 
4. Seek Legal Assistance
4.1 Hire an Inheritance Lawyer
An experienced lawyer can:

Analyze the validity of the children’s claims.
Represent your interests in negotiations or court proceedings.
Ensure that your legal rights are fully upheld.
4.2 Mediation and Negotiation
In some cases, mediation can help resolve disputes amicably without escalating to court. A neutral mediator can facilitate discussions and propose fair solutions.

 
5. Protect Specific Rights
5.1 Rights to the Marital Home
As a spouse, you may have the right to remain in the marital home, even if it is part of the estate. You can apply for this right through the probate court.

5.2 Household Effects
German law often allows the surviving spouse to retain household items and personal belongings, regardless of disputes over the broader estate.

5.3 Widow’s Pension and Other Benefits
Ensure that you claim any benefits, such as a widow’s pension or life insurance proceeds, which are separate from the estate and cannot be contested by the children.

 
6. Responding to Allegations
6.1 Challenging Claims of Undue Influence
If children argue that you manipulated your partner into drafting a favorable will, provide evidence of their independent decision-making, such as:

Letters or emails from your partner.
Witness statements confirming their intentions.
6.2 Disproportionate Sharing Allegations
If children argue that your inheritance is unfairly large, highlight your legal entitlements under the marital property regime or specific provisions in the will.

 
7. Plan for the Long Term
7.1 Document Joint Contributions
If disputes arise over jointly owned assets, ensure that you have records of your financial contributions to support your claims.

7.2 Estate Planning for Yourself
Consider creating a will or naming beneficiaries for your assets to avoid similar disputes in the future.

 
8. Seek Court Resolution If Necessary
8.1 Filing a Legal Complaint
If negotiations fail, you can file a formal complaint with the probate court. The court will review the evidence and determine the validity of the children’s claims.

8.2 Appealing Decisions
If the court rules against your interests, you may have the right to appeal the decision within a specified timeframe.

 
9. Conclusion
Disputes with your partner’s children over inheritance can be stressful, but understanding your rights and acting decisively can help protect your interests. By gathering evidence, seeking legal assistance, and pursuing mediation or court action if necessary, you can navigate these conflicts effectively. Always consult an experienced inheritance lawyer to ensure your position is as strong as possible.