Pflichtteilsrecht und englische family provision im Vergleich

Marion Trulsen deals with the most significant limit to testamentary freedom, which is in her opinion the German right to a compulsory portion, and compares this to its English counterpart. Each of the legal systems has a different approach. In Germany the spouse, the descendants as well as the parents receive a compulsory portion amounting to one half of the statutory portion of the deceased's estate as soon as they have been disinherited. In England on the other hand the spouse, the unmarried life partner, descendants and those persons who up to that time had been receiving financial support from the deceased can apply to the court for adequate support from the deceased's estate if they are not receiving adequate financial support because of the will or because of the legal succession to the estate.