Inheriting when an uncle dies?
Inheritance upon an Uncle’s Death
Do nieces and nephews receive a share of inheritance upon the death of an uncle? If so, what is the amount of the inheritance share for nieces and nephews upon an uncle’s death? The inheritance law experts at Harlander & 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 uncle. Nevertheless, several possibilities exist for nieces and nephews to receive a portion or even the entire inheritance.
Uncle’s Will
If the uncle has drawn up a will, he can include his nieces and nephews in it. In this way, nieces and nephews can be considered, according to the uncle’s last will, as sole heirs of the entire estate or with a specific share (e.g., half, quarter).
Uncle’s Bequest / Legacy
Furthermore, the uncle has the option to leave individual items (e.g., a flower vase) or rights (e.g., a right of residence in his house) to his nieces and nephews as a bequest.
Gift upon Death by the Uncle
In the case of a gift upon death, the uncle promises his nieces or nephews the gratuitous transfer of a specific part of his estate 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 uncle could alter at any time, the uncle 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 uncle, but exclusively on the basis of law.
Nieces and nephews are entitled to a care bequest if they have cared for the uncle as follows:
- in the last three years before the uncle’s death
- for at least six months
- to a non-negligible extent (usually more than 20 hours per month on average)
- gratuitously (without consideration)
Statutory Succession from the Uncle
If the uncle has not drawn up a will, statutory succession applies. However, nieces and nephews only come into consideration under statutory succession if the following persons (spouse and close relatives of the deceased uncle) 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 initially appointed heir.
Therefore, if the uncle designated someone as an heir and the nieces or nephews as subsequent heirs in an earlier testamentary disposition, the nieces and nephews will inherit upon the uncle’s death. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the portion that the uncle 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 uncle has appointed someone who has already passed away or who renounces the inheritance as an heir, and the nieces or nephews as substitute heirs, then they will also inherit upon the uncle’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 uncle’s assets but also on the number of other heirs, legatees, and forced heirship beneficiaries.
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