Who inherits when a great-niece dies?
- Inheritance after the death of a great-niece
- Inheritance law of great-uncles and great-aunts
- Will of the great-niece
- Legacy / bequest of the great-niece
- Donation mortis causa by the great-niece
- Care bequest
- Legal succession after the great-niece
- Subsequent inheritance
- Substitute inheritance
- Amount of inheritance
Inheritance after the Death of a Great-Niece
Can one receive an inheritance in the event of the death of a great-niece? If so, what is the amount of the inheritance? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Law of Great-Uncles and Great-Aunts
In the event of the death of a great-niece, one does not automatically receive an inheritance. Nevertheless, there are several ways to receive part or even the entire inheritance.
Will of the Great-Niece
If the great-niece has drawn up a will, she can consider her great-uncles and great-aunts in the will. In this way, according to the last will of the great-niece, one can be considered as the sole heir of the entire assets or with a certain quota (e.g. half, quarter).
Legacy / Bequest of the Great-Niece
Furthermore, the great-niece has the option of leaving individual objects (e.g. flower vase) or rights (e.g. right of residence in her house) to her great-uncle and great-aunt as a legacy.
Donation Mortis Causa by the Great-Niece
In the case of a donation mortis causa, the great-niece promises her great-uncles and great-aunts the transfer of a certain part of the assets 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 great-niece could change at any time, the great-niece 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 Bequest
The care legacy is a legal legacy. It is not based on a testamentary disposition of the deceased great-niece, but exclusively on the basis of the law.
Great-uncles and great-aunts are entitled to a care legacy if they have cared for the great-niece as follows:
- in the last three years before the death of the great-niece
- 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 Great-Niece
If the great-niece has not drawn up a will, the legal succession comes into effect. However, great-uncles and great-aunts are only considered in the legal succession if the following persons (spouse and close relatives of the deceased great-niece) 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
- 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 first-appointed heir.
If the great-niece was therefore determined in an earlier testamentary disposition as heir and the great-uncles and great-aunts as subsequent heirs after the great-niece, the great-uncles and great-aunts come into effect with the death of the great-niece. Depending on the type of subsequent inheritance, they then receive the full original inheritance or only the part that the great-niece 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.
If the great-niece has therefore appointed someone who has already died or who rejects the inheritance as heir and the great-uncles and great-aunts as substitute heirs, then they will also come into effect with the death of the great-niece.
Amount of Inheritance
The amount of the inheritance or the amount of the value that ultimately remains with the great-uncles and great-aunts depends not only on the assets of the great-niece, 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.“
