If there's no will, the intestate succession laws will determine the heir(s).
Passing Down the Legacy: Who Gets What When There's No Will?
When someone departs this world without a last will, their assets still find their way to loved ones, but not necessarily as they might have preferred. That's because the distribution is dictated by state regulations. Here's an unfiltered breakdown of how this whole inheritance thing works.
In the absence of a valid will or inheritance contract, deceased individuals' assets are doled out according to legal inheritance laws. These laws prioritize blood relatives and offer special rights to married partners and registered life partners. But let's dive into the specifics of how inheritance gets handed down in such situations, and what can be done when the legal rules aren't favorable to individual cases.
The Hierarchy
Germany’s Civil Code lays out the order of inheritance. It categorizes relatives into orders, creating an specific hierarchy that dictates who among blood relatives will receive what.
First-order heirs include the deceased's descendants – that's children, grandchildren, and so forth. If no first-order relatives are found, parents and siblings move up to the second-order. Third-order heirs include grandparents and their descendants, like aunts, uncles, cousins, and so on. Fourth-order heirs are great-grandparents and their descendants, and so forth.
The twist is that only if at least one family member from a higher order is still kicking will they inherit. Folks in lower order positions get nothing. For example, parents or siblings will only get their share if there are no children or grandchildren.
The Spouse's Portion
It's important to note that spouses do not belong to an order and inherit separately. The share of the estate that the surviving spouse obtains varies depending on the marital property regime as well as the number of inherited blood relatives. In a community of property, the spouse gets 50 percent of the estate if there are children. If there are no children, the spouse gets three-quarters, and the deceased's parents get a quarter.
If the parents are deceased, the siblings inherit the quarter. If there are no siblings, nieces and nephews inherit, then grandparents. If there are no heirs, the surviving spouse inherits the remaining quarter. A prenuptial agreement can significantly impact the inheriting spouse's share.
When the deceased is not married, children inherit everything. If there are no children, the inheritance is distributed among blood relatives through the different orders – first to the parents and siblings, then to nieces, nephews, and grandparents. If there are no heirs or the inheritance is rejected, the state gets everything, more precisely, the federal state where the deceased last resided to prevent unclaimed estates.
The Solution
There are several instances where a will or inheritance contract is essential, like if there are minor children, larger assets, or a business to manage. But even if you're content with the statutory inheritance, want to distribute your inheritance yourself, or wish to avoid disputes among heirs, it's wise to draft your own will.
Here’s the drill: your last will must be composed entirely in your handwriting, clearly and legibly, and signed. A notary is not required, but complex constellations may necessitate their involvement, or an attorney, especially if you're drawing up an inheritance contract. The costs for legal support can range from around 226 euros for a consultation with a notary to higher fees depending on the complexity of the situation.
Remember, if you don't create a will, the law takes a no-nonsense, one-size-fits-all approach to distributing your assets, regardless of modern family structures like blended families or cohabitation without marriage. With a will, you retain control over your estate, ensuring your final wishes are granted.
Sources: ntv.de, Beate Kaufmann, dpa
Insights:In Germany, the rules for distributing inheritances when there is no will are governed by the Bürgerliches Gesetzbuch (BGB), specifically sections 1924 to 1940. These rules are as follows:
- First-Order Heirs:
- Spouse and Children: The surviving spouse and children are first-order heirs. If there are several children, the inheritance is divided equally among them and the spouse.
- Division by Line: Each child forms a separate line with their descendants. This means that if a child predeceases the deceased, their own children (the grandchildren of the deceased) inherit their share per stirpes.
- Second-Order Heirs:
- Parents and Siblings: If there are no children or descendants, the inheritance passes to the second-order heirs, which include the parents and siblings of the deceased.
- Parents: The parents inherit equally if there are no siblings.
- Siblings: If there are siblings, they inherit equally. Half-siblings inherit equally with full siblings but receive half of what a full sibling would receive if there were no full siblings.
- Third-Order Heirs:
- Grandparents: If the parents are deceased, the grandparents inherit. However, they do not inherit directly if there are siblings or their descendants.
- Aunts, Uncles, and Their Descendants: Failing grandparents, the inheritance goes to the aunts, uncles, and their descendants per stirpes.
- Distribution Without Immediate Family: If there are no immediate family members, the inheritance may pass to more distant relatives or, in some cases, to the state.
Vocational training, as a means to empower individuals and secure sustainable livelihoods, can be a crucial aspect of the community policy when dealing with the distribution of a deceased person's assets, especially in cases where there are no immediate blood relatives. In such circumstances, the estate can be used to fund vocational training for the surviving spouse or other close associates who might be in need of skill development for self-sufficiency or business ventures.
For instance, if the deceased had a successful business but no direct heirs, the proceeds from the estate could be used to establish a vocational training program for the employees or local community members, thereby promoting financial independence and fostering entrepreneurship within the community. The act of investing in vocational training would not only serve as a fitting tribute to the deceased but also contribute to the well-being and growth of the community, in accordance with the original intentions of the business or estate.
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