Inheritance law

Each of us leaves something in this world once we pass on. This is called an estate and can take either digital or physical form. Of course, we also leave a gap among our loved ones and give them memories of a wonderful time together.The law of succession regulates the transfer of the so-called testator’s assets, the estate, to one or more persons after his or her death. Thanks to inheritance law, it is at all possible to draw up dispositions (will or contract of inheritance) regarding personal property during one’s lifetime and thus to enforce one’s last will and testament even after one’s own death. German inheritance law is anchored in the Basic Law, so there are no restrictions whatsoever. Even if the testator has not left a will and thus has not made any provisions for his or her death, the law of succession comes into force, as it regulates all transfers of property and other alienable rights of the deceased.If no will exists, the official law of succession is of enormous importance, as it regulates the entire settlement of the inheritance in such a case. Sections §1924 to §1929 of the Civil Code, for example, lay down the legal succession. Here, the legal heirs are divided into orders one to five, depending on the type of consanguinity. The legal heirs of the first order are, for example, the children of the deceased, who consequently come first in the distribution of the estate.For all this to work, the law is anchored in the Basic Law. This means that there can be no legal restrictions and there is no flexible leeway either.In addition, inheritance law determines whether an inheritance is valid at all and thus worthy of inheritance. For example, someone is considered unworthy to inherit if he or she intentionally caused the death of the testator. This comes into effect even if the person was explicitly mentioned in the will.

If there is no heir of the first order, the estate is divided among the heirs of the next higher order. This continues until at least one legal heir has been identified or it is established that the deceased left no legal heir.

Consequently, survivors not related by blood, such as a non-marital partner or close friends, are completely disregarded in the distribution of the estate, unless a will exists. If this is the case, inheritance law merely creates the framework conditions to ensure that the inheritance is correctly distributed.

However, inheritance law does not only regulate the division of the estate, because in addition to the legal succession, this part of the German Basic Law also deals with the proper conduct of all inheritance matters. Thus, among other things, the opening of the will is also the responsibility of the competent probate court, as is the issuing of an official certificate of inheritance, which serves as an official certificate. In addition, the inheritance law also determines whether an heir is unworthy to inherit. Thus, for example, someone who is at fault for the death of the deceased is unworthy of inheritance despite his or her possible entitlement to a compulsory portion or mention of it in the will and therefore receives nothing from the deceased’s estate.

Inheritance law

Each of us leaves something in this world once we pass on. This is called an estate and can take either digital or physical form. Of course, we also leave a gap among our loved ones and give them memories of a wonderful time together.The law of succession regulates the transfer of the so-called testator’s assets, the estate, to one or more persons after his or her death. Thanks to inheritance law, it is at all possible to draw up dispositions (will or contract of inheritance) regarding personal property during one’s lifetime and thus to enforce one’s last will and testament even after one’s own death. German inheritance law is anchored in the Basic Law, so there are no restrictions whatsoever. Even if the testator has not left a will and thus has not made any provisions for his or her death, the law of succession comes into force, as it regulates all transfers of property and other alienable rights of the deceased.If no will exists, the official law of succession is of enormous importance, as it regulates the entire settlement of the inheritance in such a case. Sections §1924 to §1929 of the Civil Code, for example, lay down the legal succession. Here, the legal heirs are divided into orders one to five, depending on the type of consanguinity. The legal heirs of the first order are, for example, the children of the deceased, who consequently come first in the distribution of the estate.For all this to work, the law is anchored in the Basic Law. This means that there can be no legal restrictions and there is no flexible leeway either.In addition, inheritance law determines whether an inheritance is valid at all and thus worthy of inheritance. For example, someone is considered unworthy to inherit if he or she intentionally caused the death of the testator. This comes into effect even if the person was explicitly mentioned in the will.

If there is no heir of the first order, the estate is divided among the heirs of the next higher order. This continues until at least one legal heir has been identified or it is established that the deceased left no legal heir.

Consequently, survivors not related by blood, such as a non-marital partner or close friends, are completely disregarded in the distribution of the estate, unless a will exists. If this is the case, inheritance law merely creates the framework conditions to ensure that the inheritance is correctly distributed.

However, inheritance law does not only regulate the division of the estate, because in addition to the legal succession, this part of the German Basic Law also deals with the proper conduct of all inheritance matters. Thus, among other things, the opening of the will is also the responsibility of the competent probate court, as is the issuing of an official certificate of inheritance, which serves as an official certificate. In addition, the inheritance law also determines whether an heir is unworthy to inherit. Thus, for example, someone who is at fault for the death of the deceased is unworthy of inheritance despite his or her possible entitlement to a compulsory portion or mention of it in the will and therefore receives nothing from the deceased’s estate.