Inheriting when a cousin dies?
Inheritance after the Death of a Cousin
Can one receive an inheritance in the event of the death of a cousin? If so, what is the amount of the inheritance? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Rights of Cousins
In the event of the death of a cousin, one does not automatically receive an inheritance. Nevertheless, there are several ways to receive part or even the entire inheritance.
Cousin’s Will
If the cousin has made a will, she can in turn consider her cousins in the will. In this way, according to the last will of the cousin, one can be considered as the sole heir of the entire estate or with a certain quota (e.g. half, quarter).
Bequest / Legacy of the Cousin
Furthermore, the cousin has the possibility to leave individual objects (e.g. flower vase) or rights (e.g. right of residence in her house) to her cousins as a legacy.
Donation Mortis Causa by the Cousin
In the case of a donation mortis causa, the cousin promises her cousins the transfer of a certain part of the estate as a gift 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 cousin could change at any time, the cousin is also bound by the donation mortis causa. The donation mortis causa is a bilaterally binding contract, which can no longer be revoked unilaterally.
Select Your Preferred Appointment Now:Free initial consultationCare Legacy
The care legacy is a legal legacy. It is not based on a testamentary disposition of the deceased cousin, but exclusively on the basis of the law.
Cousins are entitled to a care legacy if they have cared for the cousin as follows:
- in the last three years before the death of the cousin
- for at least six months
- to an extent that is not merely insignificant (usually averaging more than 20 hours per month)
- free of charge (without consideration)
Legal Succession after the Cousin
If the cousin has not made a will, the legal succession comes into effect. However, their cousins are only considered under the legal succession if the following persons (spouse and close relatives of the deceased cousin) do not exist, have already died 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
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.
If the cousin was therefore determined as the heir in an earlier testamentary disposition and the cousins as subsequent heirs after the cousin, the cousins will be considered upon the death of the cousin. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the cousin has not consumed.
Substitute Inheritance
When drafting a will, a substitute heir should always be named. The substitute heir will then be considered if the appointed heir cannot inherit or rejects the inheritance.
If the cousin has therefore appointed someone who has already died or who rejects the inheritance as heir and the cousins as substitute heirs, then they will also be considered upon the death of the cousin.
Amount of the Inheritance
The amount of the inheritance or the amount of the value that ultimately remains for the cousins depends not only on the assets of the cousin, 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.“
