So you inherit: Everything about the legal succession without a will!

Find out how legal succession works without a will and which regulations apply to relatives and spouses.
Find out how legal succession works without a will and which regulations apply to relatives and spouses. (Symbolbild/NAG)

So you inherit: Everything about the legal succession without a will!

Deutschland - The legal succession regulates the distribution of assets in Germany if there is no will or inheritance contract. According to Weser-Kurier The property is primarily based on blood and entered life partners Enjoy legal aftertacks.

The Civil Code (BGB) clearly defines the successes of inheritance. Accordingly, the relatives are divided into orders. First order inheritance are the descendants, including children and grandchildren. The second -order heirs include the parents and siblings, while the heirs of the third order are grandparents and their descendants. Finally, in the fourth order, the great -grandparents and their descendants inherit. The relatives of the priority order always inherit as long as a related legacy still lives, as the Specialist Magazin explained.

peculiarities of the spouses

spouses do not inherit according to these orders, but receive their own inheritance, the amount of which depends on the property. In the event of a community of profits, the surviving partner inherits 50% of the legacy, while this proportion increases to 75% without children. In a separation of goods, the partner's inheritance can fall to at least a quarter. Unmarried and patchwork families are not taken into account in statutory inheritance law, which can lead to conflicts.

In the case of childless deceased, the siblings step in succession and inheritance evenly, while stepchildren are not involved. If there are no legal heirs at all or the inheritance will be refused, the heir falls to the state of the last residence of the deceased, as Testamental regulations

A will can override the legal succession by naming the testator specific heirs or excluding statutory heirs. However, it must be valid and written in the right form to be effective. An ineffective will leads to the legal succession application. According to Specialist Magazine are compulsory claims for disinayed relatives, such as children and spouses, who are at least half of the statutory inheritance.

In order to regulate the inheritance matters for minor children or for the protection of large assets, it is recommended to draw up a will or an inheritance contract. It is important that such documents are clearly and legally formulated in order to avoid later legal problems. Requirements for the ability to test and the proper signature must be observed, otherwise the effectiveness of the will is in question.

Details
OrtDeutschland
Quellen