Inheriting when the daughter dies?
Inheritance after the Death of the Daughter
Do parents receive a share of the inheritance in the event of the death of their daughter? If so, what is the share of the inheritance of the parents upon the death of the daughter? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Law of the Parents
Parents do not automatically receive an inheritance in the event of the death of their daughter. Nevertheless, there are several possibilities for parents to receive part or even the entire inheritance.
Will of the Daughter
If the daughter has drawn up a will, she can take her siblings into account in the will. In this way, siblings can be considered as heirs to the entire assets or with a specific quota (e.g. half, quarter) in accordance with the last will of the daughter.
Bequest / Legacy of the Daughter
Furthermore, the daughter has the option of leaving individual objects (e.g. flower vase) or rights (e.g. right of residence in her house) to her parents as a legacy.
Donation Mortis Causa by the Daughter
In the case of a donation mortis causa, the daughter promises her siblings the transfer of a certain part of the assets by way of donation 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 daughter could change at any time, the daughter 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 by the deceased daughter, but exclusively on the basis of the law.
Parents are entitled to a care legacy if they have cared for the son as follows:
- in the last three years before the death of the daughter
- 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 Daughter
If the daughter has not drawn up a will, the legal succession will take effect. However, parents only come into play according to the legal succession if the following persons (spouse and close relatives of the deceased daughter) do not exist, have already died or are legally excluded from the inheritance:
- Spouse of the deceased
- Children of the deceased
- Grandchildren of the deceased
- Great-grandchildren of the deceased
If both parents are alive, they share the inheritance.
If one parent is no longer alive, their half is in turn divided among their descendants (same ranking as listed above). Children of only one parent can only inherit from that parent. If a parent has no children, the share goes to the other parent or their descendants.
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.
If the daughter was therefore named as heir in an earlier testamentary disposition and the parents as subsequent heirs after the daughter, the parents will come into play upon the death of the daughter. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the daughter has not used.
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 daughter has therefore appointed someone who has already died or who rejects the inheritance as an heir and the parents as substitute heirs, then they will also come into play upon the death of the daughter.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains with the parents depends not only on the assets of the daughter, 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.“
