Inheriting when an aunt dies?
Inheritance after the Death of an Aunt
Do nieces and nephews receive a share of the inheritance upon the death of an aunt? If so, what is the amount of the inheritance share for nieces and nephews upon the death of an aunt? The inheritance law experts at Harlander & P Partner explain the answers to these questions.
Inheritance Rights of Nieces and Nephews
Nieces and nephews do not automatically receive an inheritance upon the death of an aunt. Nevertheless, several possibilities exist for nieces and nephews to receive a portion or even the entire inheritance.
Aunt’s Will
If the aunt has drawn up a will, she can include her nieces and nephews in it. In this way, nieces and nephews can be designated as sole heirs of the entire estate or with a specific share (e.g., half, quarter) according to the aunt’s last will.
Aunt’s Legacy / Bequest
Furthermore, the aunt has the option to leave individual items (e.g., a flower vase) or rights (e.g., a right of residence in her house) to her nieces and nephews as a legacy.
Gift upon Death by the Aunt
With a gift upon death, the aunt promises her nieces or nephews the gratuitous transfer of a specific part of her assets in the event of her demise. The effect of the gift only takes place upon death.
In contrast to a testamentary disposition through a will or a legacy, which the aunt could amend at any time, the aunt is also bound by the gift upon death. The gift upon death is a bilateral binding contract that cannot be unilaterally revoked.
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The care legacy is a statutory legacy. It is not based on a testamentary disposition of the deceased aunt, but exclusively on the basis of the law.
Nieces and nephews are entitled to a care legacy if they have cared for the aunt as follows:
- in the last three years before the aunt’s death
- 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 Aunt
If the aunt has not drawn up a will, legal succession applies. However, nieces and nephews only become eligible under legal succession if the following persons (spouse and close relatives of the deceased aunt) do not exist, have already passed away, 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
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.
Therefore, if the aunt designated herself as heir and the nieces and nephews as subsequent heirs in an earlier testamentary disposition, the nieces and nephews become eligible upon the aunt’s death. Depending on the type of subsequent inheritance, they then receive the full original inheritance or only the portion that the aunt did not consume.
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.
Therefore, if the aunt appointed someone who has already passed away or who renounces the inheritance as heir, and the nieces or nephews as substitute heirs, then they also become eligible upon the aunt’s death.
Amount of inheritance
The amount of the inheritance or the value that ultimately remains for the nieces and nephews depends not only on the aunt’s assets, but also on the number of other heirs, legatees, and forced heirship beneficiaries.
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