Inherit when a cousin dies?
Inheritance after the Death of a Cousin
Can one receive an inheritance in the event of the death of a cousin? If so, what is the amount of the inheritance? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Law of Cousins
In the event of the death of a cousin, one does not automatically receive an inheritance. Nevertheless, there are several ways to receive part or even the entire inheritance.
Will of the Cousin
If the cousin has made a will, he can in turn consider his cousins in the will. In this way, according to the last will of the cousin, one can be considered as the sole heir of the entire estate or with a certain quota (e.g. half, quarter).
Bequest / Legacy of the Cousin
Furthermore, the cousin has the possibility to leave individual objects (e.g. flower vase) or rights (e.g. right of residence in his house) to his cousins as a legacy.
Donation Mortis Causa by the Cousin
In the case of a donation mortis causa, the cousin promises his cousins the transfer of a certain part of the assets as a gift in the event of his death. The effect of the donation only occurs upon death.
In contrast to a testamentary disposition by a will or a legacy, which the cousin could change at any time, the cousin is also bound by the donation mortis causa. The donation mortis causa is a bilaterally binding contract, which can no longer be unilaterally revoked.
Select Your Preferred Appointment Now:Free initial consultationCare Legacy
The care legacy is a legal legacy. It is not based on a testamentary disposition of the deceased cousin, but exclusively on the basis of the law.
Cousins are entitled to a care legacy if they have cared for the cousin as follows:
- in the last three years before the death of the cousin
- for at least six months
- to not merely a minor extent (usually on average more than 20 hours per month)
- free of charge (without consideration)
Legal Succession after the Cousin
If the cousin has not made a will, the legal succession comes into effect. However, the cousin’s cousins will only be considered under the legal succession if the following persons (spouse and close relatives of the deceased cousin) do not exist, have already died or are lawfully excluded from the inheritance:
- Spouse of the deceased
- Children of the deceased
- Grandchildren of the deceased
- Great-grandchildren of the deceased
- Parents of the deceased
- Siblings of the deceased
- Nephews and nieces of the deceased
- Grandparents of the deceased
- Aunts and uncles of the deceased
Subsequent Inheritance
In the case of a subsequent inheritance, the deceased appoints another person as heir, the subsequent heir. This person receives the assets after the first-appointed heir.
If the cousin was therefore determined as heir and his cousins as subsequent heirs after the cousin in an earlier testamentary disposition, the cousins will be considered upon the death of the cousin. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the cousin has not used.
Substitute Inheritance
When drafting a will, a substitute heir should always be named. The substitute heir will then be considered if the appointed heir cannot inherit or rejects the inheritance.
Therefore, if the cousin has appointed someone who has already died or who rejects the inheritance as heir and the cousins as substitute heirs, then they will also be considered upon the death of the cousin.
Amount of the Inheritance
The amount of the inheritance or the amount of the value that ultimately remains with the cousins depends not only on the assets of the cousin, but also on the number of other heirs, legatees and beneficiaries.
Sebastian RiedlmairHarlander & Partner Attorneys „Anwaltliche Unterstützung rechnet sich im Erbfall fast immer. Unsere Rechtsanwälte für unsere Mandanten stellen sicher, dass keine Ansprüche übersehen oder zu gering bewertet werden.“
