An animal shelter rather than the children: Who inherits?

In Germany everyone is free to determine who is to inherit his estate after his death; that can, for example, be an animal shelter. But this freedom is subject to a significant limitation, for the deceased’s closest relatives are entitled to a “compulsory portion”, i.e. they can claim the value of a fixed share of the estate. There are strong arguments for thinking that this regime is no longer tenable today. Thus, for example, the deceased’s children are usually economically independent by the time their parents pass away. Family members which still need to be supported should be protected by a maintenance obligation that can also be brought against the estate.

My research has explored how other jurisdictions face the challenges surrounding the topic of mandatory family protection. Based on that research, the members of my Working Group and I have developed a reform proposal for the German law of succession. It aims at extending testamentary freedom while, at the same time, implementing a system of needs-based protection.

Reinhard Zimmermann is an emeritus director at the Institute. 
He studies succession law from comparative-historical
perspectives, among other things. 
More on Reinhard Zimmermann and his research
can be found here.