Inheritance settlement: Brother bequeaths farm to partner's son – sisters outraged!

Inheritance settlement: Brother bequeaths farm to partner's son – sisters outraged!

On June 16, 2025, it was announced that a brother had inherited his parents' farm, while his three sisters were left empty-handed. Loud Lucerne newspaper the brother plans to hand this farm over to his partner's son by will. Since he is divorced and has no descendants of his own, he can dispose of his estate without any legal restrictions.

According to the regulations in inheritance law, especially in the Federal Law on Rural Land Law (BGBB), heirs can request to take over an agricultural business if they are suitable for it. However, the agricultural business is credited to the self-cultivating heir at the income value, which is usually lower than the market value, as shown Rose & Partner website explained. A minimum size of 1 standard worker (SAK) is a prerequisite for such an assignment.

Legal regulations for the handover of the farm

The sisters only received a small share in the division of the inheritance, which is due to the legal inheritance regulations. If less than 25 years have passed since the brother acquired the property, the sisters are entitled to a share of the profits if the agricultural business is sold. This profit is determined as the difference between the sales value and the credit value less value-adding expenses.

If the sales value is below the market value, there is the possibility of offsetting if the price discount is more than 20 percent. In addition, the siblings have a right of first refusal if the brother acquired the business less than 25 years ago. This right of first refusal also applies to a free transfer of the agricultural business, which makes the legal situation even more complex.

Special features of estate inheritance law

Agricultural inheritance law contains special regulations aimed at regulating succession in agricultural businesses. These regulations are particularly important for the continued existence of profitable agricultural operations. For example, when taking over a country estate, the income value should be applied, as stipulated in Section 2049 of the Civil Code (BGB). This can put the other co-heirs at a disadvantage because the income value is usually below the market value.

In order to determine the income value in a specific case, a valuation report from an expert is often necessary, as it is influenced by the sustainable net income that can be achieved. Taking these factors into account in the farm owners' wills is crucial in order to avoid legal disputes.

In summary, the brother is in a strategic position when it comes to the future design of the farm, while the sisters are dependent on the legal regulations of inheritance law in order to assert their claims.