Who inherits when a great-aunt dies?
- Inheritance after the death of a great-aunt
- Inheritance rights of grandnephews and grandnieces
- Will of the great-aunt
- Bequest / Legacy of the great-aunt
- Donation mortis causa by the great-aunt
- Care bequest
- Legal succession after the great-aunt
- Subsequent inheritance
- Substitute inheritance
- Amount of inheritance
Inheritance after the Death of a Great-Aunt
Do grandnephews and grandnieces receive an inheritance upon the death of a great-aunt? If so, what is the amount of the inheritance for grandnephews and grandnieces upon the death of a great-aunt? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Rights of Grandnephews and Grandnieces
Grandnephews and grandnieces do not automatically receive an inheritance in the event of the death of a great-aunt. Nevertheless, there are several ways for grandnephews and grandnieces to receive part or even the entire inheritance.
Will of the Great-Aunt
If the great-aunt has made a will, she can consider her grandnephews and grandnieces in the will. In this way, grandnephews and grandnieces can be considered as sole heirs of the entire estate or with a certain quota (e.g. half, quarter) according to the last will of the great-aunt.
Bequest / Legacy of the Great-Aunt
Furthermore, the great-aunt has the option of leaving individual objects (e.g. flower vase) or rights (e.g. right of residence in her house) to her grandnephews and grandnieces as a legacy.
Donation Mortis Causa by the Great-Aunt
In the case of a donation mortis causa, the great-aunt promises her grandnephews and grandnieces the transfer of a certain part of the assets as a gift in the event of her death. The effect of the donation only occurs upon death.
In contrast to a testamentary disposition by a will or a legacy, which the great-aunt could change at any time, the great-aunt is also bound by the donation mortis causa. The donation mortis causa is a bilaterally binding contract that can no longer be unilaterally revoked.
Select your preferred appointment now:Free initial consultationCare Bequest
The care legacy is a legal legacy. It is not based on a testamentary disposition of the deceased great-aunt, but exclusively on the basis of the law.
Grandnephews and grandnieces are entitled to a care legacy if they have cared for the great-aunt as follows:
- in the last three years before the death of the great-aunt
- for at least six months
- to a non-negligible extent (usually more than 20 hours per month on average)
- gratuitously (without consideration)
Legal Succession after the Great-Aunt
If the great-aunt has not made a will, the legal succession will take effect. However, grandnephews and grandnieces will only be considered under the legal succession if the following persons (spouse and close relatives of the deceased great-aunt) 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
- Cousins 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 great-aunt was therefore determined as the heir in an earlier testamentary disposition and the grandnephews and grandnieces after the great-aunt, the grandnephews and grandnieces will be considered upon the death of the great-aunt. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the great-aunt has not consumed.
Substitute Inheritance
When drafting a will, a substitute heir should always be named. The substitute heir then becomes entitled if the appointed heir cannot inherit or renounces the inheritance.
If the great-aunt has therefore appointed someone who has already died or who rejects the inheritance as an heir and the grandnephews and grandnieces as substitute heirs, then they will also be considered upon the death of the great-aunt.
Amount of Inheritance
The amount of the inheritance or the amount of the value that ultimately remains for the grandnephews and grandnieces depends not only on the assets of the great-aunt, 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.“
