- When one sibling carries out the Ausschlagung (disclaimer of inheritance, § 1942 BGB), the other sibling does not automatically take the share — the CHILDREN of the disclaiming sibling step in (representation principle under § 1924 Abs. 3 BGB)
Disclaiming an inheritance among siblings is more conflict-laden than it looks. What feels like an individual decision regularly produces chain reactions for the whole family. In my advisory practice I often see siblings who are surprised, after a disclaimer step, by who suddenly inherits — and by the conflicts this triggers.
A sibling Erbausschlagung (renunciation of inheritance) is never simply "your decision". Whoever disclaims directly affects the shares of the others, pushes responsibility onto their own children, or — with an over-indebted estate — lets the next generation walk into the trap. Strategic coordination within the family circle is a duty.
What happens when one sibling carries out the Ausschlagung?
The disclaiming Erbe (heir) is treated as if they had never received the Erbschaft (inheritance) (§ 1953 Abs. 1 BGB). Their share of the inheritance passes to the next persons called. Who that is depends on the constellation:
Constellation 1: the disclaiming sibling has children
The children of the disclaiming sibling step in (representation principle, § 1924 Abs. 3 BGB). They inherit the full share of their parent, divided among themselves.
Example: three siblings Tom, Anna and Lisa each inherit 1/3 from the mother. Tom has two children. Tom carries out the Ausschlagung. His 1/3 passes to his two children, each receiving 1/6. Anna and Lisa keep 1/3 each — their shares do NOT change.
Constellation 2: the disclaiming sibling is childless
Accretion — the share goes to the remaining Erben (heirs) of THEIR ordnung — class (§ 1935 BGB). With three siblings as Erben (heirs), if one childless sibling disclaims: the other two each inherit 1/2 instead of 1/3.
Example: three siblings Tom, Anna and Lisa each inherit 1/3 from the mother. Tom has no children. Tom carries out the Ausschlagung. Anna and Lisa each inherit 1/2 instead of 1/3.
Constellation 3: multiple disclaimers
If several siblings disclaim one after the other, the chain continues to the next ordnung — class. With three siblings who all disclaim (and have no children): the inheritance goes to the next ordnung — class (parents of the Erblasser (testator), or grandparents if not available, etc.).
More on the order: Disclaiming inheritance — who inherits then?.
Four critical conflict scenarios
Conflict 1: debt trap for children stepping in
If the estate is over-indebted and a childless Erblasser (testator) has two siblings (one of whom has minor children), a sibling Ausschlagung can shift the debts onto the children.
In practice: the disclaiming sibling should ABSOLUTELY also declare the Ausschlagung for their minor children. For parents disclaiming on behalf of their children, § 1643 Abs. 2 BGB applies — since the FGG reform of 2009, approval is granted by the Familiengericht (family court), not by the former Vormundschaftsgericht (guardianship court). § 1822 BGB concerns guardians (Vormünder), not parents holding parental custody. Otherwise the children take on the debts.
Conflict 2: loss of the Pflichtteil
Anyone who disclaims generally also loses the Pflichtteil (compulsory share under § 2303 BGB) claim (§ 2306 BGB). There is an exception for restricted inheritances (legacy, prior and subsequent inheritance, partition directions).
For siblings this is rarely critical — siblings have no Pflichtteil to begin with (Pflichtteil holders are only children, spouses, and parents in the case of childless Erblasser). But: if the parents were appointed as Erben (heirs) and the siblings were meant to "come away empty-handed", a Pflichtteil claim by the parents could exist.
Conflict 3: family conflict over favouritism
"Why do you now get more, just because I disclaim?" — with accretion the remaining siblings inherit more if one childless sibling carries out the Ausschlagung. This can lead to accusations ("you pressured me", "you wanted my share").
Solution: clear arrangements within the family circle BEFORE the Ausschlagung. Where possible, a notarised agreement on compensation payments.
Conflict 4: time pressure from the six-week deadline
The Ausschlagung deadline is six weeks from knowledge (§ 1944 BGB). In this time siblings have to clarify debts, coordinate with each other, and find Notar (German civil law notary) appointments — tight.
Important: if one sibling has already carried out the Ausschlagung and another sibling only becomes an Erbe (heir) through that Ausschlagung, the six-week deadline starts AFRESH for them from knowledge of this fact.
Step by step: coordinating a sibling Ausschlagung in seven stages
- Organise a family meeting immediately. All siblings together — assets, debts, desired strategy.
- Asset inventory. Accounts, real estate, securities, debts, life insurance.
- Agree the strategy. All Erben (heirs)? All disclaim? Some yes, some no? Who steps in?
- Clarify the Pflichtteil question. With a disputed distribution, acceptance with a later Pflichtteil claim may make more sense than an Ausschlagung.
- Plan the order. If all want to disclaim: synchronise so that the chain of stepping-in Erben (heirs) is controlled.
- File declarations. Each individually with the Nachlassgericht (German probate court) (30 EUR) or Notar.
- Inform the successors. With a chain Ausschlagung, the stepping-in Erben need to know in time.
Comparative calculation: three siblings, three scenarios
Starting position: mother dies, three siblings Tom (with 2 children), Anna (childless), Lisa (childless). Estate 300,000 EUR.
| Who disclaims? | Tom | Anna | Lisa | Tom's children |
|---|---|---|---|---|
| Nobody | 100,000 EUR | 100,000 EUR | 100,000 EUR | 0 EUR |
| Tom disclaims | 0 EUR | 100,000 EUR | 100,000 EUR | 50,000 EUR each |
| Anna disclaims | 150,000 EUR | 0 EUR | 150,000 EUR | 0 EUR |
| Tom + Anna disclaim | 0 EUR | 0 EUR | 200,000 EUR | 50,000 EUR each |
| All three disclaim | 0 EUR | 0 EUR | 0 EUR | 75,000 EUR each (full Erbe) |
With childless accretion (Anna disclaims) Tom and Lisa gain. With representation (Tom disclaims), Anna and Lisa do NOT gain — Tom's children step in.
Frequently asked questions
What happens when one sibling carries out the Ausschlagung?
It depends on whether the disclaiming sibling has children. With children: the children step in (representation, § 1924 Abs. 3 BGB). Without children: the other siblings inherit more (accretion, § 1935 BGB).
Can we jointly disclaim as siblings?
No. Each Erbe (heir) has to declare their Ausschlagung individually. You can choose the same Notar appointment or go to the Nachlassgericht (German probate court) at the same time — but every declaration is separate and individual.
Do I lose my Pflichtteil as a sibling?
Yes, in principle (§ 2306 BGB). However: siblings generally have no Pflichtteil claim anyway — it only exists for children, spouses, and (for childless Erblasser) for parents.
Do I also have to disclaim for my children?
If your children become Erben (heirs) through your Ausschlagung (representation) and the estate is over-indebted: YES, absolutely. Otherwise the children take on the debts. For minor children, Familiengericht (family court) approval is required under § 1643 Abs. 2 BGB — the parental approval norm since the FGG reform of 2009. § 1822 BGB governs approval for guardians (Vormünder), not for parents.
How long do I have?
Six weeks from knowledge of the inheritance and your appointment as Erbe (§ 1944 BGB). With foreign elements: six months. Whoever steps in receives their own six-week deadline.
What does the Ausschlagung cost per sibling?
At the Nachlassgericht (German probate court): a flat 30 EUR per Erbe. With the Notar: graduated by estate value (60 EUR for a small estate, considerably more for large estates). More on this: Disclaiming inheritance costs.
Can I disclaim only part of the inheritance?
No. A partial Ausschlagung is not possible (§ 1950 BGB). You can only accept or reject the entire Erbschaft.
What if a sibling is abroad?
The six-week deadline extends to six months (§ 1944 Abs. 3 BGB). The Ausschlagung declaration can be filed through the German consulate or a foreign Notar with apostille.
Further detail answers
- Disclaiming inheritance 2026: deadline and costs — main guide
- Disclaiming inheritance — who inherits then?
- Disclaiming inheritance — missed deadline, what to do?
- Disclaiming inheritance and Beerdigungskosten (funeral costs)
- Disclaiming inheritance template
- Disclaiming inheritance costs — Notar, court, lawyer
- Topic hub Disclaiming inheritance
- Topic hub community of heirs — when several siblings inherit jointly
Lead magnet: coordinating a sibling Ausschlagung
- Emergency briefcase — debt overview and account documentation.
- Succession checklist — structured plan before and after the inheritance.
- Book first meeting — individual family strategy for the Ausschlagung.
Authority sources
- § 1924 BGB (Erben (heirs) of the first ordnung — class, representation principle)
- § 1925 BGB (Erben (heirs) of the second ordnung — class)
- § 1935 BGB (accretion on Ausschlagung)
- § 1944 BGB (Ausschlagung deadline)
- § 1945 BGB (form of the Ausschlagung)
- § 1950 BGB (partial Ausschlagung excluded)
- § 1953 BGB (effect of the Ausschlagung)
- § 1967 BGB (liability of Erben (heirs))
- § 1643 Abs. 2 BGB (Familiengericht approval for parental Ausschlagung on behalf of minor children)
- § 2306 BGB (Pflichtteil with restriction)
- BGH judgment of 13.04.2011 — IV ZR 204/09 (representation principle)
- BGH judgment of 29.06.2016 — IV ZR 387/15 (challenge of acceptance)
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