Who inherits when a nephew dies?
Inheritance after the Death of a Nephew
Do uncles and aunts receive a share of the inheritance upon the death of a nephew? If so, how high is the share of the inheritance for uncles and aunts upon the death of a nephew? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Law of Uncles and Aunts
Uncles and aunts do not automatically receive an inheritance in the event of a nephew’s death. Nevertheless, there are several ways for uncles and aunts to receive part or even the entire inheritance.
Nephew’s Will
If the nephew has drawn up a will, he can consider his uncles and aunts in the will. In this way, uncles and aunts can be considered as sole heirs of the entire estate or with a certain quota (e.g. half, quarter) according to the last will of the nephew.
Bequest / Legacy of the Nephew
Furthermore, the nephew has the option of leaving individual objects (e.g. flower vase) or rights (e.g. right of residence in his house) to his uncle and aunts as a legacy.
Donation Mortis Causa by the Nephew
In the case of a donation mortis causa, the nephew promises his uncles and aunts the transfer of a certain part of the assets as a gift in the event of his death. The effect of the donation only occurs upon death.
In contrast to a testamentary disposition by a will or a legacy, which the nephew could change at any time, the nephew 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 Legacy
The care legacy is a legal legacy. It is not based on a testamentary disposition of the deceased nephew, but exclusively on the basis of the law.
Uncles and aunts are entitled to a care legacy if they have cared for the nephew as follows:
- in the last three years before the death of the nephew
- 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 Nephew
If the nephew has not drawn up a will, the legal succession will take effect. However, uncles and aunts will only be considered in the legal succession if the following persons (spouse and close relatives of the deceased nephew) 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
- Grandparents 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 nephew was therefore determined as heir in an earlier testamentary disposition and the uncles and aunts as subsequent heirs after the nephew, the uncles and aunts will be considered upon the death of the nephew. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the nephew has not used.
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 nephew has therefore appointed someone who has already died or who disclaims the inheritance as heir and the uncles and aunts as substitute heirs, then they will also be considered upon the death of the nephew.
Amount of the Inheritance
The amount of the inheritance or the amount of the value that ultimately remains with the uncles and aunts depends not only on the assets of the nephew, 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.“
