Inheriting when your grandmother dies?
Inheritance after the Death of your Grandmother
Do grandchildren receive a share of the inheritance upon the death of their grandmother? If so, what is the amount of the grandchildren’s share of the inheritance upon the death of their grandmother? The inheritance law experts at Harlander & Partner will explain the solution to these questions.
Inheritance Law of the Grandchildren
Grandchildren do not automatically receive an inheritance in the event of the grandmother’s death. However, there are several ways for grandchildren to receive part or even the entire inheritance.
Grandmother’s Will
If the grandmother has made a will, she can take her grandchildren into account in the will. In this way, she can specify certain quotas (e.g. half, quarter) in accordance with her last will.
Grandmother’s Legacy / Bequest
Furthermore, the grandmother has the option of leaving her grandchildren individual (divided) objects (e.g. flower vase) or rights (e.g. right of residence in her house) as a legacy.
Donation Mortis Causa by the Grandmother
In the case of a donation mortis causa, the grandmother promises her grandchildren the transfer of a certain portion of assets as a gift in the event of her death. The donation only takes effect upon death.
In contrast to a testamentary disposition by means of a will or a legacy, which the grandmother could change at any time, the grandmother 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 Bequest
The care legacy is a legal legacy. It is not based on a testamentary disposition by the deceased grandmother, but exclusively on the basis of the law.
Grandchildren are entitled to a care legacy if they have cared for the grandmother as follows:
- In the last three years before the grandmother’s death
- 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 Grandmother
If the grandmother has not made a will, the legal succession will apply. However, grandchildren will only be 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 grandmother was therefore named as the heir in an earlier testamentary disposition and the grandchildren were named as subsequent heirs after the grandmother, the grandchildren will be considered upon the death of the grandmother. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the grandmother 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 grandmother has therefore appointed someone who has already died or who disclaims the inheritance as an heir and the grandchildren as substitute heirs, then they will also be considered upon the death of the grandmother.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains for the grandchildren depends not only on the grandmother’s assets, 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.“
