MYHOME REAL ESTATE - THE ORIGINAL SINCE 2014
In the context of anticipated succession, renouncing an inheritance offers an important planning option: A child entitled to inherit or another statutory heir may renounce their right to inherit while the testator is still alive-with or without compensation. For property owners in Forchheim who wish to transfer their estate in an orderly and conflict-free manner, renouncing an inheritance is a precise tool-if used correctly. However, errors in drafting can be costly: an informal waiver is void, and a poorly planned waiver can trigger unexpected taxes.
The waiver of inheritance is governed by Title 8 of the Law of Succession (Sections 2346-2352 BGB). It is a bilateral contract between the testator and the renouncing party-it cannot be unilaterally imposed by the testator or declared by the renouncing party alone.
§ 2346(1) BGB governs the comprehensive renunciation of inheritance: The renouncing party loses their statutory right to inherit and-unless otherwise agreed-also their claim to a compulsory share. Legally, the renouncer is treated as if they were no longer alive at the time of the testator’s death. Consequently, their descendants (children) step in-unless the contract provides otherwise (Section 2349 BGB).
Section 2346(2) BGB allows for an isolated waiver of the statutory share: Here, the statutory right of inheritance is retained, but the claim to the statutory share is relinquished. This is relevant when the testator wishes to dispose of their estate freely by will but wants to avoid disputes over the statutory share. In practice, the isolated waiver of the statutory share is often the more elegant solution: The waiving party formally retains their status as an heir, but the testator can count on the statutory share claims.
Section 2348 of the German Civil Code (BGB) requires notarization. Both parties must appear before the notary or be represented by authorized agents with a notarized power of attorney. The inheritance waiver agreement is absolutely void without this formality-no remedy is possible, unlike with some other legal transactions requiring specific formality.
| Notary fee item | Basis of calculation | Reference value for Forchheim |
|---|---|---|
| Notarization of inheritance waiver agreement without compensation | GNotKG, estate value as transaction value | approx. €500-1,500 (estate value €300,000-800,000) |
| Notarization with compensation payment (real estate) | GNotKG, property value decisive | approx. €1,500-3,000 (property valued at €400,000-600,000) |
| Gift tax on compensation (child, over €400,000) | ErbStG § 7, § 16 | 7-30% depending on amount exceeding the exemption |
| Gift tax on settlement (other, over €20,000) | ErbStG § 16(1) No. 7 | 30-50% (tax class III) |
| Testamentary amendment at the notary | GNotKG | €200-800 additional |
| Land registry entry (if property is transferred) | GNotKG | approx. €300-800 land registry fee |
Source: BGB §§ 2346 ff., ErbStG, GNotKG, Bavarian Chamber of Notaries, as of Q1/Q2 2026.
For a property in Forchheim with a market value of €450,000, transferred as compensation in connection with a waiver of inheritance: The child, as the renouncing party, receives the property (value €450,000) and waives all inheritance and statutory share rights. The tax-free allowance for children is €400,000-gift tax of 7 percent applies to the difference of €50,000 = €3,500. Without a settlement, the waiver itself does not result in any tax consequences.
The procedure for a waiver of inheritance agreement at a notary in the Middle Franconia notarial district, such as in Forchheim, follows a clear pattern.
In the first step, the notary clarifies the facts: Which person is to renounce their inheritance? What is the consideration (compensation, real estate, a sum of money, or no compensation)? Which descendants of the renouncing party are present, and should they be included (Section 2349 of the German Civil Code)? Is there an existing will that needs to be amended?
In the second step, the notary drafts the renunciation agreement. This typically addresses the following: scope of the renunciation (inheritance and/or statutory share), inclusion of the renouncer’s descendants, consideration and valuation (if real estate is being transferred), and provisions in the event that the testator makes further asset transfers.
> For the correct valuation of a property in Forchheim transferred as part of a renunciation of inheritance, the valuation tool from leadmarkt.ch provides a quick, data-based initial estimate-the basis for tax calculations and notary fees.
In the third step, the contract is notarized-both parties sign it together at the notary’s office. If real estate is provided as compensation, the transfer of title is declared at the same time and an application for entry in the land register is filed. The notary ensures that the gift tax declaration is submitted to the Forchheim tax office within the three-month deadline (§ 30 ErbStG).
A written rescission of the renunciation of inheritance is possible under § 2351 BGB in the form of another notarized contract-but only with the consent of the testator and the renouncing party. If the testator has made further dispositions in the meantime, the rescission cannot fully restore the status quo.
In the practice of estate planning in Forchheim, the isolated waiver of the statutory share is often the more pragmatic option:
The testator can freely dispose of their estate by will without fear of disputes over the statutory share. The child in question retains their formal status as an heir-which may be relevant in the order of succession (e.g., for preliminary/subsequent inheritance). The gift tax burden on the settlement remains the same, but the consequences under inheritance law are less severe.
Waiving the statutory share in exchange for a settlement is particularly common in business succession scenarios: The child who does not take over the parental business receives a monetary settlement and, in return, waives their statutory share. This allows the child taking over the business to do so without facing claims to a statutory share.
A frequently overlooked aspect: Waiving inheritance rights does not protect against claims for a supplement to the statutory share by other heirs. If Person A waives their inheritance rights and receives real estate as a settlement, the law treats this settlement as a gift. The other beneficiaries entitled to a statutory share can assert this gift as a supplement to their statutory share-subject to the 10-year period under § 2325 BGB.
Practical consequence: A renunciation of inheritance with a real estate settlement can increase the basis for the compulsory portion supplement for other parties if it occurs within 10 years prior to the opening of the estate. This must be taken into account when structuring the arrangement.
With a population of around 38,000, Forchheim is a medium-sized county seat on the Regnitz River, the gateway to Franconian Switzerland. The local real estate market shows prices in 2026 of €2,800-3,800 per square meter for condominiums and €300,000-500,000 for single-family homes. Special feature: In Forchheim, many craft businesses and small commercial enterprises are family-owned-making renunciations of inheritance particularly relevant in the context of business transfers.
If one child takes over the parental business and the other child, as the renouncing heir, receives a settlement, a notarized renunciation of inheritance is often the cleanest way to avoid conflicts during the subsequent estate settlement. The Forchheim Local Court, as the probate court, is then no longer responsible for disputes regarding the statutory share with this child.
The Nuremberg-Fürth Regional Court is the next level of jurisdiction for any disputes regarding the validity of the renunciation of inheritance or the valuation of the settlement.
Renouncing inheritance during one’s lifetime is a powerful estate planning tool-but it is irrevocable and requires notarization. Anyone who agrees to a settlement with a child and, in return, waives future inheritance disputes must be aware of the tax consequences in advance. In particular, the gift tax on the settlement can come as a surprise if the value exceeds the tax-free allowances.
Before engaging a notary, it is advisable to obtain a current valuation of the real estate in the estate. The valuation tool from leadmarkt.ch provides a reliable basis for discussions with the notary and all parties involved-and helps to realistically estimate the gift tax.
A practical problem arises when one child renounces their inheritance in exchange for a settlement, but the other does not. This raises the question in subsequent inheritance cases as to whether the principle of equal treatment (§ 2050 BGB: Equalization among descendants) applies.
Principle: Section 2050 of the German Civil Code (BGB) requires children to equalize any gifts received from the decedent (dowries, gifts) during the distribution of the estate. However, this applies only if the decedent has so directed or if the gift constitutes a dowry.
Renouncing an inheritance in exchange for a settlement waives the obligation to equalize: The renouncing child is completely excluded from the line of succession, does not participate in any further distribution, and is not required to make any equalization payment. This can relieve the remaining heirs or, conversely, lead to imbalances if the settlement does not reflect the actual future value of the estate.
Anyone wishing to ensure fairness among the children in the long term should include value protection clauses in the inheritance waiver agreement or dynamically link the settlement payment to real estate value trends-which, however, is technically challenging and may require regular notarial adjustments.
An important tax aspect of renouncing an inheritance with a settlement payment: The gift of the settlement is subject to the regular gift tax exemptions, which are renewed every 10 years (Section 14 ErbStG). Those planning multiple transfers can spread them out over several decades.
Example for Forchheim: A parent transfers a property worth 380,000 euros to Child A today as a settlement for renouncing an inheritance-tax-free (exemption amount 400,000 euros). In 10 years, the same parent can gift an additional 400,000 euros to the same child tax-free. This enables a gift tax-free transfer of assets of up to 800,000 euros over 10 years to one child.
However, this strategy requires active planning: The tax-free allowances are only renewed after 10 years, and until then, further gifts must be accumulated for tax purposes.
Forchheim is characterized by small and medium-sized businesses, craft businesses, and local merchants. In business succession scenarios, renunciation of inheritance is a frequently used tool: The child taking over the business receives the business or the commercial property, while the other child renounces their inheritance in exchange for a cash settlement or a residential property.
In such cases, the Forchheim tax office examines whether the agreed-upon compensation corresponds to the market value. A significant undervaluation of the compensation may be treated as a hidden gift-which triggers additional gift tax. An independent appraisal of both the business and the transferred real estate is therefore essential.
A concluded renunciation of inheritance is generally binding-but not absolutely irreversible. The German Civil Code (BGB) provides for the following options:
Under Section 2351 BGB, a renunciation of inheritance may be revoked by contract between the testator and the renouncing party. This revocation must be notarized. It requires that both parties agree-the testator cannot unilaterally revoke the renunciation, nor can the renouncing party unilaterally contest it.
A renunciation of inheritance agreement may only be contested under the general conditions of the BGB (Sections 119 et seq. BGB): mistake regarding essential characteristics, fraudulent misrepresentation, or duress. In practice, the threshold for contesting is high-anyone who has signed a renunciation of inheritance without concrete pressure and after receiving notarized instruction will hardly succeed in doing so.
In Forchheim, where many inheritance waiver agreements are concluded in the context of farm transfers and business succession, clear advice from the notary is therefore crucial: Each party must fully understand what they are giving up by waiving their inheritance-and what compensation they receive in return. While unclear contract wording may justify a challenge, it almost always leads to a years-long legal dispute that burdens all parties involved.
Prepared by the my-home.de editorial team in collaboration with regional real estate analysts. Data as of: Q1/Q2 2026.
A waiver of inheritance (Section 2346 of the German Civil Code) is agreed upon by contract during the testator’s lifetime and is permanently binding. Renunciation of inheritance (Section 1945 of the German Civil Code) must take place within 6 weeks of the testator’s death. In the case of a waiver of inheritance, the right to inherit is forfeited even before the testator’s death.
The agreement to renounce an inheritance must be notarized (Section 2348 of the German Civil Code). A private agreement is invalid. The testator and the person renouncing the inheritance must both appear before the notary or be represented by authorized representatives.
Yes. Often, the person relinquishing their claim receives a settlement payment (e.g., a sum of money or real estate). This settlement is subject to gift tax if it exceeds the personal exemption limits. The exemption limit for children is 400,000 euros, and 20,000 euros for other individuals.
Yes, unless otherwise expressly agreed. Under Section 2349 of the German Civil Code (BGB), in cases of doubt, a renunciation of inheritance also applies to the renouncer’s descendants. If one wishes to expressly include or exclude descendants, this must be clearly stipulated in the contract.
No. A waiver of inheritance automatically includes a waiver of the statutory share (§ 2346(2) BGB). However, it is also possible to waive the statutory share separately-this preserves the right to inherit but excludes the claim to the statutory share. For real estate transfers, a waiver of the statutory share alone is often the more flexible solution.
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Note on content
This guide article serves as general information about the real estate market in Nuremberg and the surrounding region. It does not replace individual tax advice, legal advice, or expert valuation in specific cases. For binding information, please contact a tax advisor, attorney, or certified appraiser.
Market data, prices, and statutory provisions may change at short notice. Despite careful research, we assume no liability for the accuracy, completeness, or timeliness of the content.
Article as of February 25, 2026
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