Inheriting when the grandfather dies?
Inheritance after the Death of the Grandfather
Do grandchildren receive an inheritance upon the death of the grandfather? If so, what is the amount of the grandchildren’s inheritance upon the death of the grandfather? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Law of the Grandchildren
Grandchildren do not automatically receive an inheritance in the event of the grandfather’s death. Nevertheless, there are several possibilities for grandchildren to receive part or even the entire inheritance.
Will of the Grandfather
If the grandfather has made a will, he can consider his grandchildren in the will. In this way, he can determine specific quotas (e.g. half, quarter) according to his last will.
Bequest / Legacy of the Grandfather
Furthermore, the grandfather has the option of leaving his grandchildren individual (divided) objects (e.g. flower vase) or rights (e.g. right of residence in his house) as a legacy.
Donation Mortis Causa by the Grandfather
In the case of a donation mortis causa, the grandfather promises his grandchildren the transfer of a certain portion of 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 grandfather could change at any time, the grandfather is also bound by the donation mortis causa. The donation mortis causa is a bilaterally binding contract, which 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 of the deceased grandfather, but exclusively on the basis of the law.
Grandchildren are entitled to a care legacy if they have cared for the grandfather as follows:
- in the last three years before the death of the grandfather
- 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 Grandfather
If the grandfather has not made a will, the legal succession comes into effect. However, grandchildren are only considered under the legal succession if the following persons do not exist, have already died or are lawfully excluded from the inheritance:
- Spouse of the deceased
- Children 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 initially appointed heir.
If the grandfather was therefore determined as heir in an earlier testamentary disposition and the grandchildren as subsequent heirs after the grandfather, the grandchildren will be considered upon the death of the grandfather. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the grandfather 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 grandfather therefore appointed someone who has already died or who rejects the inheritance as heir and the grandchildren as substitute heirs, then they will also be considered upon the death of the grandfather.
Amount of Inheritance
The amount of the inheritance or the amount of the value that ultimately remains for the grandchildren depends not only on the assets of the grandfather, but also on the number of other heirs and legatees (according to a testamentary disposition, such as a will or inheritance contract).
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.“
