Inheriting when the father dies?
Inheritance after the Death of the Father
Do children receive an inheritance upon the death of their father? If so, what is the amount of the children’s inheritance upon the death of their father? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Children’s Inheritance Rights
Children automatically receive an inheritance in the event of the father’s death. This may include part or even the entire inheritance.
Father’s Will
If the father has made a will, he can (additionally) consider his children in the will. In this way, he can, according to his last will, determine certain quotas (e.g. half, quarter) that deviate from the statutory inheritance law (compulsory portion claims).
Father’s Legacy / Bequest
Furthermore, the father has the option of leaving his children 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 Father
In the case of a donation mortis causa, the father promises his children 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 father could change at any time, the father is also bound by the donation mortis causa. The donation mortis causa is a bilaterally binding contract that can no longer be unilaterally revoked.
It must be taken into account that donations during lifetime are credited to the estate, so that unconsidered children receive compensation by way of the compulsory portion claim.
Select Your Preferred Appointment Now:Free initial consultationCare Bequest
The care legacy is a statutory legacy. It is not based on a testamentary disposition of the deceased father, but exclusively on the basis of the law.
Children are entitled to a care legacy if they have cared for the father as follows:
- in the last three years before the death of the father
- 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 Father
If the father has not made a will, the legal succession applies. According to the legal succession, children always come first as beneficiaries to an inheritance claim. The share is calculated according to the number of children. In principle, children inherit in equal shares. Adopted children are equivalent to biological children.
If a spouse is present, he or she generally inherits a quarter in addition to the children. The remainder of the inheritance is divided among the children.
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 father was therefore determined as heir in an earlier testamentary disposition and the children as subsequent heirs after the father, the children will come into effect upon the death of the father. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the father 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 father has therefore appointed someone who has already died or who disclaims the inheritance as heir and the children as substitute heirs, then they will also come into effect upon the death of the father.
Amount of Inheritance
The amount of the inheritance or the amount of the value that ultimately remains for the children depends not only on the assets of the father, but also on the number of other heirs and legatees (according to a testamentary disposition, such as a will or inheritance contract).
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