Inheriting if the grandchild dies?
Inheritance after the Death of the Grandchild
Do grandparents receive a share of the inheritance upon the death of a grandchild? If so, how much is the grandparents’ share of the inheritance upon the death of a grandchild? The inheritance law experts at Harlander & Partner explain the answers to these questions.
Grandparents’ Right of Inheritance
Grandparents do not automatically receive an inheritance in the event of a grandchild’s death. Nevertheless, several options exist for grandparents to receive a portion or even the entire inheritance.
Grandchild’s Will
If the grandchild has drawn up a will, they can include their grandparents in it. In this way, grandparents can be considered heirs to the entire estate or a specific share (e.g., half, quarter) according to the grandchild’s last will.
Grandchild’s Legacy / Bequest
Furthermore, the grandchild has the option to leave their grandparents individual items (e.g., a flower vase) or rights (e.g., a right of residence in their house) as a legacy.
Gift upon Death by the Grandchild
In the case of a gift upon death, the grandchild promises their grandparents the gratuitous transfer of a specific part of their estate in the event of their 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 grandchild could amend at any time, the grandchild 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 legacy is a statutory legacy. It is not based on a testamentary disposition of the deceased grandchild, but exclusively on the basis of the law.
Grandparents are entitled to a care legacy if they have cared for the grandchild as follows:
- in the last three years before the grandchild’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 Inheritance after the Grandchild
If the grandchild has not drawn up a will, statutory inheritance comes into play. However, grandparents only become eligible under statutory inheritance if the following persons (spouse and close relatives of the deceased grandchild) 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
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 grandchild was designated as an heir and the grandparents as subsequent heirs after the grandchild in a previous testamentary disposition, the grandparents become eligible upon the grandchild’s death. Depending on the type of subsequent inheritance, they then receive the full original inheritance or only the part that the grandchild 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 grandchild has appointed someone who has already passed away or who renounces the inheritance as an heir, and the grandparents as substitute heirs, then they also become eligible upon the grandchild’s death.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains for the grandparents depends not only on the grandchild’s estate but also on the number of other heirs, legatees, and forced heirship beneficiaries.
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