For a compulsory portion penalty clause in a so-called Berlin will to be valid, third parties must actually inherit something. If this is not the case, they do not face any sanctions. This has now been decided by the Higher Regional Court (OLG) of Frankfurt am Main (decision of 21.2.2023, 21 W 104/22). In the case at hand, the husband and wife appointed each other as sole heirs. The man had inherited from his previous marriage a...