Transfer of inheritance
The transfer of inheritance is a possible transfer of the inheritance of a co-heir in a community of heirs in some legal systems . It is a possible form of inheritance dispute .
German law
In German inheritance law, there can be co-inheritance, i. H. for the participation of several so-called co-heirs in an inheritance in fractions (e.g. three co-heirs with 1/3 each; the fractions can also be different for different co-heirs). According to Section 2033, Paragraph 1, Sentence 1 of the German Civil Code , it is possible to transfer the co-heir's share as a whole. In the example, the subject of the disposition is the third of the total inheritance to which the co-heir is entitled.
A transfer or any other disposal of the co-heir regarding his share in the individual objects that belong to the inheritance (example: transfer of the third of a property that belongs to the inheritance) is not permitted by German law, Section 2033 (2) BGB. After the dispute in which the inheritance is divided among the co-heirs and the community of co-heirs is ended, however, each of the (former) co-heirs can dispose of the objects that belonged to the inheritance.
According to the principle of abstraction , which is fundamental in German law , the transfer of an inheritance by contract is to be distinguished from a contract by which a co-heir is obliged to transfer his inheritance (e.g. a purchase contract for the inheritance, which according to German law does not yet lead to the transfer of the inheritance itself leads). This so-called obligation transaction also requires the notarial form, which can be derived from § 2371 and § 2385 BGB. If a co-heir sells his share of the inheritance to a third party, the remaining co-heirs are entitled to a statutory right of first refusal in accordance with Section 2034 BGB In other words, by unilateral declaration, you can create a purchase contract with the co-heir selling the goods on the terms agreed with the third party.
The transfer of the inheritance is regulated in Section 2033 of the German Civil Code (BGB) and requires notarial certification as a special formal requirement ( Section 2033, Paragraph 1, Sentence 2, BGB).
Stratification
Stratification is a different kind of inheritance dispute. In this case, a member of the community of heirs leaves the community of heirs by mutual agreement - usually against receipt of a severance payment - and his share of the inheritance necessarily increases to the remaining members of the community of heirs in proportion to their share of the inheritance. Stripping is not anchored in German law or the BGB, but it is still a valid form of inheritance disputes. Stripping agreements are not subject to any formal requirements, that is, they are also valid without notarial certification . Changes to the land register to be made on the basis of a demarcation agreement only require notarial certification . This results in considerably lower notary fees compared to other forms of inheritance disputes. However, if the outgoing member of the community of heirs is agreed as a severance payment, the performance of an object that can only be transferred through a legal transaction that requires a specific form ( e.g. real estate), the form applicable to this legal transaction must be observed.
Individual evidence
- ↑ Federal Court of Justice , judgment of January 21, 1998 , Az. IV ZR 346/96, full text.
- ↑ Federal Court of Justice , judgment of January 21, 1998 , Az. IV ZR 346/96, full text.
