Inheriting if a grandnephew dies?
Inheritance upon the Death of a Grandnephew
Can one receive an inheritance share in the event of the death of a grandnephew? If so, what is the inheritance share of great-uncles and great-aunts upon the death of a grandnephew? The inheritance experts at Harlander & Partner explain the answers to these questions.
Inheritance Law of Great-Uncles and Great-Aunts
In the event of a grandnephew’s death, one does not automatically receive an inheritance. Nevertheless, several possibilities exist to receive a part or even the entire inheritance.
Will of the Grandnephew
If the grandnephew has drawn up a will, he can, in turn, consider his great-uncles and great-aunts in the will. In this way, according to the grandnephew’s last will, one can be designated as the sole heir of the entire estate or with a specific share (e.g., half, quarter).
Bequest / Legacy of the Grandnephew
Furthermore, the grandnephew has the option to leave individual items (e.g., a flower vase) or rights (e.g., a right of residence in his house) as a bequest to his great-uncles and great-aunts.
Gift upon Death by the Grandnephew
In the case of a gift upon death, the grandnephew promises his great-uncles and great-aunts the gratuitous transfer of a specific part of his assets in the event of his demise. The effect of the gift only takes place upon death.
In contrast to a testamentary disposition through a will or a bequest, which the grandnephew could amend at any time, the grandnephew is also bound by the gift upon death. The gift upon death is a mutually binding contract that cannot be unilaterally revoked.
Select Your Preferred Appointment Now:Free initial consultationCare Bequest
The care bequest is a statutory bequest. It is not based on a testamentary disposition of the deceased grandnephew, but exclusively on the basis of the law.
Great-uncles and great-aunts are entitled to a care bequest if they have cared for the grandnephew as follows:
- in the last three years before the death of the grandnephew
- for at least six months
- to a non-negligible extent (usually more than 20 hours per month on average)
- gratuitously (without consideration)
Legal Succession of the Grandnephew
If the grandnephew has not drawn up a will, legal succession applies. However, great-uncles and great-aunts only come into consideration under legal succession if the following persons (spouse and close relatives of the deceased grandnephew) 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
- 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 initially appointed heir.
Therefore, if the grandnephew was designated as an heir in a previous testamentary disposition and the great-uncles and great-aunts as subsequent heirs after the grandnephew, the great-uncles and great-aunts come into consideration upon the death of the grandnephew. Depending on the type of subsequent inheritance, they then receive the full original inheritance or only the part that the grandnephew 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.
Therefore, if the grandnephew has appointed someone who has already passed away or who disclaims the inheritance as an heir, and the great-uncles and great-aunts as substitute heirs, then they also come into consideration upon the death of the grandnephew.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains for the great-uncles and great-aunts depends not only on the grandnephew’s assets but also on the number of other heirs, legatees, and forced heirship 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.“
