Transfer property to son, contractually exclude daughter

Hello,

my parents have a piece of land that they would like to transfer to me so that I can build a house.

Now, I have a sister who, according to the law, could legally claim up to 50% within the next 10 years. As long as we get along well, this is not really an issue. But if she goes to court, I would have to give her up to 50% of the land on which my house would stand.

My question is therefore: Is it possible and legally binding to conclude a contract with my sister in advance in which she waives any claims to the land? Or does something like that not hold up in court? Are there possibly other options?

Thank you very much in advance.

Half-knowledge: Your parents can gift you the property, right? So why does your sister have a claim to it? In the event of your parents' death, your parents could draft a will in advance naming you as the sole heir to this property? I am not clear where you derive your sister's 50% legal claim from. Your parents determine who inherits what and how much. This just has to be documented "testamentarily." At worst, your sister only has a claim to the "mandatory share." There are also a few pitfalls regarding long-term care insurance and such things. For example, if your parents become care-dependent and cannot afford the care, the care insurance can also go after the children and reclaim "recently" sold/inherited gifts. But even here I am an absolute layman. In the worst case, you buy the property from your parents.

It is best if you go to a lawyer who is familiar with inheritance law and gifts. Then you will be on the safe side.

As you rightly wrote, I am concerned with the "Pflichtteil", which only expires after 10 years. My knowledge about this is that it does not only apply in the event of death, but also if my parents are still alive. At least, this was the information from a notary a few months ago.

However, and this makes me thoughtful about the matter ... if I buy something, my sister should actually not be allowed to have any claims.

As you correctly wrote, it is about the "compulsory portion," which only expires after 10 years. My knowledge on this is that it does not only apply in the event of death but also if my parents are still alive. At least, that was the information given by a notary a few months ago.

However, and this makes me think about the matter ... if I buy something, my sister shouldn't actually have any claims.

Hello,

exactly buying. But you are not actually buying it from your parents, are you? And if you come up with the idea that it is bought significantly below value, I would argue that the sister will also be on the scene. Better see a specialist lawyer.

If your parents die, the compulsory portion will be divided among the children. If your parents have previously reduced the estate through a gift, this part must be added back. I believe gifts made in the last 10 years are taken into account. That means you would have to pay out your sister, which would also be fair. To my knowledge, she cannot take possession of half the property or order its demolition... which probably is not in her interest either. But to have real security, you should hold a family council with A and discuss everything completely. We did this in our family, and for example, I will waive the inheritance from my parents in favor of my younger siblings because I can take care of myself and also have enough monetary means to pay for my house on my own. I think in an intact family, you can discuss such things. Afterwards, it should be verified by a notary or lawyer.