New rules in the law of succession into force new inheritance law for successions from January 1, 2010 to January 1, 2010. The reform of inheritance and statute of limitations law changed the inheritance law of the civil code paragraphs but (very) moderate (BT pressure. 16/8954). It would have been desirable a bolder reform, especially as it’s the most comprehensive reform of the succession since 1900. Essentially the following changes: moving deadline for mandatory part supplement claims under old law, which applies to successions until December 31, 2009, the beneficiaries equal to its rate can claim a percentage of the value of the gifts made by the deceased in the last 10 years before his death. Where are these gifts in full amount to use. The inheritance law reform moves away from the \”all or nothing\” principle and leads a pro-rata solution of a (melting). Donations from the first year of death will become 100%, from the second year with 90%, from the third year with 80% etc.
in Approach taken (2325, paragraph 3 BGB new version). Thus, the compulsory portion supplement claim reduced steadily. The welcome melting model does not affect on the usual in practice donations of real estate, where the donor reserves itself the usufruct. Through the usufruct the 10-year time limit does not begin namely to run; the same applies for donations among spouses. Reserved portion removal for extreme misconduct of entitled to a compulsory portion can his compulsory portion withdrawn this will or contract of inheritance ( 2333 BGBff.), such as when the son the father to seek life, then can the father in his will to disinherit his son not only, but evade him even his legal compulsory portion. The inheritance law reform eliminates the previous suspension reason \”dishonorable and indecent life\”. Even after the reform not to the removal of the compulsory portion entitled \”Alienation\” or \”Family breakdown\”.