Grundzüge des deutschen Erbrechts

In the practical guide *„Fundamentals of German Inheritance Law – Legal Principles for Planning Business Succession and Drawing Up an Entrepreneur’s Will“* (2016), Rainer Kögel provides a systematic overview of the key structures and regulatory mechanisms of German inheritance law. The starting point is the principle of universal succession, which establishes the heir’s comprehensive legal succession and forms the basis for all arrangements under inheritance law. The guide provides a historical context for inheritance law whilst also highlighting current developments, particularly in the context of European harmonisation of laws and the increasing internationalisation of business families.

A key focus of the text is the distinction between statutory and testamentary succession. The author explains in detail the statutory orders of succession, the rights of the surviving spouse to an inheritance, and the specific features dependent on the matrimonial property regime, whilst analysing their practical implications for family and business assets. Building on this, the instruments of testamentary freedom are systematically explored – from the appointment of heirs, through preliminary and reversionary inheritance, to legacies, orders for partition and conditions. Particular attention is paid to the legally sound drafting of last wills and testaments and to the avoidance of typical risks relating to interpretation and liability.

In the context of business succession, this guide addresses key issues such as statutory inheritance rights, heirs’ liability, communities of heirs and the succession of company shares. Through practical explanations, it becomes clear how closely aspects of civil law, taxation and family dynamics are interlinked. The author advocates early, strategically sound succession planning and demonstrates why properly drafted wills and, where appropriate, inheritance agreements are indispensable tools for a responsible shareholder and family strategy.