Die Pflichtteilsstrafklausel im Berliner Testament

The compulsory portion penalty clause is an important part of the so called Berlin Testament, which is still the most common form of spouses will today. If a waiver of the compulsory portion cannot be agreed with the children, the compulsory portion penalty clause is the only testamentary possibility to make the assertion of the compulsory portion at least unattractive.
The work describes the models and risks of the compulsory portion penalty clause as well as the extensive case law on the subject. Cases of application for various situations in life are presented and current questions, such as the scope of application of the clause in the increasingly frequent form of life of the patchwork family, are examined.