by Eberhard Rott and Elena Weber translated by Andrea Hubalek
1. Introduction
1.1 Fundamental principles of the German law of succession
(a) The family's right to inherit vs. the testator's freedom of testation
The law of succession in Germany is governed by two principles: on the one hand, the family's right to inherit, and on the other, the testator's freedom to make a will. Both concepts are embodied in the constitution (Art. 14 of the German Basic Law – Grundgesetz/GG). The principle of freedom of testation principally allows the testator to decide with almost no restriction to whom his or her estate shall go in the event of his or her death. In contrast, the family's right to inherit secures a share of the estate for the relatives.
