Inheritance
Inheritance means the ability to be inherited.
Initially, heirs can only be natural or legal persons . A right of inheritance for animals is unknown to German inheritance law, since animals are not legally considered to be things , but the BGB applies the provisions for things to them ( § 90a BGB).
Natural persons can only inherit if they were alive at the time of the inheritance ( Section 1923 (1) BGB). The child ( nasciturus ) that has already been conceived but not yet born is already considered to be alive and can therefore be hereditary (see Section 1923 (2), Section 2101 (1) BGB). The prerequisite for this, however, is that the nasciturus is born alive. How long the child lived after the birth is irrelevant for its status as an heir.
Legal persons must have been effectively established at the time of inheritance and not yet been dissolved in order to inherit.
However, a foundation can also inherit if it is set up as a "foundation due to death" only after the death of the testator on the basis of his will.
See also
Tortious liability , marriage ability , capacity , capacity , capacity to consent , party ability , Postulationsfähigkeit , process capability , criminal responsibility , testamentary capacity , process capability
