Federal Court of Justice Rules: Doctors Can Legally Inherit from Patients
In a significant ruling that could redefine inheritance law in Germany, the Federal Court of Justice (BGH) has upheld the right of doctors to inherit from their patients. The decision, made on July 2, 2025, overturns previous rulings and asserts that such wills are fundamentally effective.
Background and the Current Case
The case in question involved a property worth at least 100,000 euros, bequeathed by a patient to their family doctor. The patient had been receiving care from the doctor since 2015, and in 2016, a notarial agreement was established naming the doctor as an heir in return for medical services. The patient died two years later, leading to a legal dispute initiated by the healthcare supervisor, who claimed the inheritance was invalid.
The initial rulings by the Bielefeld Regional Court and the Higher Regional Court (OLG) Hamm deemed the grant ineffective, citing professional regulations that prohibit influencing the independence of medical decisions with inheritance motives. However, the BGH’s IV. Senate for inheritance law, responsible for the case, had a different perspective.
The BGH Ruling
The BGH judgment emphasized the freedom of testament, protected by the Basic Law, enabling individuals to dispose of their property as they see fit. The court stated that no professional regulations or guidelines can restrict this freedom unless mandated by law, which was not the case for doctors.
The court further ruled out the accusations of immorality against the will, asserting no evidence of pressure or exploitation by the doctor. However, the case will be reconsidered by the Hamm OLG to investigate any possible grounds for immorality that were overlooked earlier.
A Precedent-Setting Ruling
This ruling by the BGH not only clarifies the validity of such inheritances but also marks a significant shift in the legal interpretation of patient-caregiver relationships. Similar cases have previously occurred, such as the 2023 decision by the Frankfurt Higher Regional Court, which also ruled in favor of a doctor’s inheritance rights, though it was an individual decision not binding on all courts.
With this BGH ruling, the legal question regarding doctors’ inheritance rights is now definitively resolved, setting a binding precedent until potentially modified by new legislation.
Implications and Concerns
The implications of this ruling are far-reaching, potentially opening the door for other healthcare providers to include inheritance agreements as part of their services. Critics, however, argue that such rulings could lead to exploitation of vulnerable patients.
“Doors are opened here that would have been better closed,” commented lawyer Siegfried Mennemeyer, emphasizing the concern that such rulings undermine the protections intended for the elderly and those requiring care.
Looking Ahead
As the medical and legal communities grapple with the implications of this ruling, it is clear that the interplay between healthcare and inheritance law is set to evolve. Future legislative changes may be necessary to balance the freedom of testament with the need to protect vulnerable patients from potential exploitation.
