Inheriting when a sister dies?
Inheritance after the Death of a Sister
Do siblings receive an inheritance upon the death of a sister? If so, what is the amount of the siblings’ inheritance upon the death of a sister? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Law of Siblings
Siblings do not automatically receive an inheritance in the event of a sister’s death. Nevertheless, there are several ways for siblings to receive part or even the entire inheritance.
Sister’s Will
If the sister has drawn up a will, she can take her siblings into account in the will. In this way, siblings can be considered as sole heirs of the entire estate or with a certain quota (e.g. half, quarter) in accordance with the sister’s last will.
Sister’s Legacy / Bequest
Furthermore, the sister has the option of leaving individual objects (e.g. flower vase) or rights (e.g. right of residence in her house) to her siblings as a legacy.
Donation Mortis Causa by the Sister
In the case of a donation mortis causa, the aunt promises her siblings the transfer of a certain portion of 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 means of a will or a legacy, which the sister could change at any time, the sister 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 by the deceased sister, but exclusively on the basis of the law.
Siblings are entitled to a care legacy if they have cared for the sister as follows:
- in the last three years before the sister’s death
- 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 Sister
If the sister has not drawn up a will, the legal succession will take effect. However, siblings only come into play under the legal succession if the following persons (spouse and close relatives of the deceased sister) 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
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 sister was therefore named as the heir in an earlier testamentary disposition and the siblings as subsequent heirs after the sister, the siblings will come into play upon the death of the sister. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the sister 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 sister has therefore appointed someone who has already died or who disclaims the inheritance as an heir and the siblings as substitute heirs, then they will also come into play upon the death of the sister.
Amount of the Inheritance
The amount of the inheritance or the value that ultimately remains for the siblings depends not only on the sister’s assets, but also on the number of other heirs, legatees and beneficiaries entitled to a compulsory portion.
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