The testator can acc. subsequent heir ).BGB also appoint an heir in such a way that he only becomes an heir after another heir has initially become (
Between 2013 and 2020, a third of German private wealth is expected to be passed on to the next generation.
- First of all, the heir must be hereditary ( BGB).
- The estate of the testator as a whole falls to the heir ( legal successor of the testator . Thus the heir receives not only the active - but also the liabilities of the deceased ( debt ). As far as a person in a testamentary disposition only individual assets gets granted, it is not at this person mostly to the heirs, but a legatee . Since in such a case the testator did not appoint an heir, the legal succession comes into play. (1) BGB). This means that the heir becomes the
- If several persons - regardless of whether by law or will - have been designated as heirs, they form a community of heirs . In this case one speaks of co-heirs .
Obtaining the status of heir
One becomes inheritance either through
In Germany around 60,000 people die each year without a will and without a known heir. Can official administrator of the estate in such cases find no heir, be heir investigators commissioned to receive about a quarter to a third of the heritage as a fee.
The legal status of the heir
The heir receives the testator's property . He becomes its legal successor . Only a few legal positions are not inheritable (e.g. the employment contract as a highly personal obligation between the employer and the deceased).
Renunciation of inheritance
The heir has the option of rejecting the inheritance within the statutory period of six weeks after becoming aware of the inheritance ( domiciled abroad or if the heir was abroad at the time of the inheritance, the disclaimer period is six months.BGB). If the heir fails to meet this deadline, the inheritance is deemed accepted. If the testator was
The succession must be authenticated publicly . It can either be issued directly to the probate court or in a notary's office , which then has to forward the disclaimer immediately to the probate court. The disclaimer only becomes effective upon receipt by the competent probate court; this point in time is also decisive for the observance of the disclaimer period.
There are costs from the proportionate value of the pure estate in accordance with GNotKG in the amount of 0.5 in accordance with fee number 21201 No. 6 and 7 of to the GNotKG. If the disclaimer is submitted to a notary, the statutory sales tax is also due.(1)
In the event of erroneous acceptance, rejection or failure to meet the six-week period (= acceptance), the heir may under certain circumstances have the option of contesting the inheritance (in practice the most important case is misunderstanding that the estate is overindebted),BGB.
Liability of the heir
According to estate liabilities . However, the heir has the option of liability by way of discount for bankruptcy , the administration of the estate or the exclusion of individual estate creditors in an array method to restrict.BGB, the heir is liable for the
Claims of the heir
Since the heir is the legal successor of the testator, he can assert all claims of the testator against third parties. Furthermore, according to estate from those persons (inheritance owners) who own the assets.BGB , the heir has a right to the surrender of the
- Lorenz Rollhäuser : Inheritance - Feudal relic and cherished privilege (archive) , Deutschlandradio , June 15, 2015.
- Sabrina Keßler: Hunter of the lost treasure . In: Handelsblatt . No. 175 , September 11, 2013, p. 32 .