Knowledge · Guide · German law applies
Patchwork, stepchild and the family home.
In families that have grown together, a stepchild often feels self-evidently part of it — inheritance law sees it differently. By statute only one’s own descendants and one’s spouse inherit. If the family home is to cross that line, it must be arranged deliberately.
As at: June 2026
The answer first. A stepchild does not inherit from a step-parent by operation of law — statutory succession calls only one’s own descendants and one’s spouse (section 1924, section 1931 BGB). Without adoption or an express disposition, the stepchild comes away with nothing, while one’s own children retain their compulsory share even when passed over (section 2303 BGB). It is precisely in patchwork situations that the statutory default most often diverges from what the family actually wants. Who should get the house? That question deserves an open answer — and an early one.
Who inherits by statute — and who does not
Statutory succession follows blood kinship. The heirs of the first order are the deceased’s descendants — that is, their own children and grandchildren (section 1924 BGB). Alongside stands the spouse’s statutory right of inheritance (section 1931 BGB). A stepchild who came into the new marriage with one parent belongs to neither group: they are not legally related to the step-parent and therefore do not inherit from them automatically.
This surprises many, especially where everyone has lived under one roof for decades. But a felt sense of belonging is no substitute for a legal position. If the stepchild is to inherit, there are two clean routes: a will that expressly provides for them, or adoption, which makes them legally one’s own child. Both must happen actively — here the silence of the law speaks against the stepchild.
One’s own children and the compulsory share
While the stepchild comes away with nothing absent a disposition, one’s own children are specially protected. If a parent passes over their child in a will, the child loses its position as heir but keeps a claim to the compulsory share — half of what would have been due to them by statute (section 2303 BGB). This claim is for money against the heirs and cannot simply be drafted away.
For the family home this has a tangible consequence: if it is intended for a new partner or a stepchild, one’s own children can demand their compulsory share — and if needs be, money must flow that is tied up in a house. So whoever wants to redistribute should factor the compulsory share in from the outset, lest the benefit later force a payout no one can shoulder.
When the Berlin will backfires
Many newly married couples reach for the Berlin will: they appoint each other sole heir, and the children inherit only after the second death. In a patchwork family this can unintentionally disinherit the children of the first marriage — or trigger their compulsory-share claims already on the first death, if they see themselves passed over. The surviving partner then receives the house but must at the same time compensate the passed-over children in money.
This is no argument against the Berlin will, but for tailoring it to one’s own family. In blended constellations it pays to look at whose children end up receiving what, and when — and whether a compulsory-share clause, a lifetime gift or some other arrangement does the situation more justice. Whether it is better to transfer during life or only to bequeath is set out under Gifting or bequeathing.
Carrying the house deliberately across the line
If the family home is to reach a stepchild or be kept for the surviving partner, it does not happen by itself. It takes a deliberate decision — a will, a lifetime gift or, where the family can carry it, adoption. Each route has its own consequences for compulsory shares, taxes and the relationships among those involved.
Our task is not to draft that disposition — a specialist lawyer or a notary does that. Our task is to order the conversation within the family before anyone goes to the notary: to clarify who should get the house, who retains a claim, and how wishes and the statutory default can be brought into line. In patchwork situations it is precisely this early clarity that best guards against later conflict.
Key terms, clearly explained
- Stepchild in inheritance law (Stiefkind)
- The child of one’s spouse who is not one’s own biological or adopted child. It does not inherit from the step-parent by statute (section 1924 BGB covers only descendants) — only a will or an adoption creates a claim.
- Berlin will (Berliner Testament)
- A joint will of the spouses appointing each other sole heir; the children inherit only after the second death. In patchwork families it can pass over children of the first marriage or trigger their compulsory share early.
- Does my stepchild inherit from me automatically?
- No. By statute only one’s own descendants and one’s spouse inherit (section 1924, section 1931 BGB). A stepchild is not legally related to the step-parent and inherits only if a will provides for them or they have been adopted.
- Can my own children come away empty-handed if I leave the house to the stepchild?
- Not entirely empty. Passed-over own children keep the compulsory share — half of the statutory share, in money (section 2303 BGB). If you favour a stepchild, the heirs must satisfy that claim, which presupposes money often tied up in the house.
- Is a Berlin will suitable for patchwork families?
- Only with care. It can unintentionally disinherit children of the first marriage or trigger their compulsory-share claims already on the first death. In blended families it should be tailored precisely to those involved — otherwise the good intention backfires.
- How does the stepchild receive the family home with legal certainty?
- Through a deliberate arrangement: a will, a lifetime gift or an adoption that makes the stepchild one’s own child. Which route fits depends on compulsory shares, taxes and the family — the disposition is drafted by a specialist lawyer or notary.
This article provides orientation and does not replace legal or tax advice. The will is drafted by a specialist lawyer or notary; the conversation within the family we prepare with you.
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