Inheriting when the son dies?
Inheritance after the Death of the Son
Do parents receive a share of the inheritance upon the death of their son? If so, what is the parents’ share of the inheritance upon the death of their son? The inheritance law experts at Harlander & Partner will explain the answer to these questions.
Inheritance Law of the Parents
Parents do not automatically receive an inheritance in the event of the son’s death. However, there are several ways for parents to receive part or even the entire inheritance.
Son’s Will
If the son has made a will, he can consider his parents in the will. In this way, parents can be considered as heirs to all of the assets or with a specific quota (e.g. half, quarter) in accordance with the son’s last will.
Son’s Legacy / Bequest
Furthermore, the son has the option of leaving individual items (e.g. flower vase) or rights (e.g. right of residence in his house) to his parents as a legacy.
Donation Mortis Causa by the Son
In the case of a donation mortis causa, the son promises his parents 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 means of a will or a legacy, which the son could change at any time, the son 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 son, but exclusively on the basis of the law.
Parents are entitled to a care legacy if they have cared for the son as follows:
- in the last three years before the son’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 Son
If the son has not made a will, the legal succession will apply. However, parents will only be considered for legal succession if the following persons (spouse and close relatives of the deceased son) 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
If both parents are alive, they share the inheritance.
If one parent is no longer alive, their half is in turn divided among their descendants (same ranking as listed above). Children of only one parent can only inherit from that parent. If a parent has no children, the share goes to the other parent or their descendants.
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 son was therefore named as heir in an earlier testamentary disposition and the parents as subsequent heirs after the son, the parents will be considered upon the son’s death. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the son 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.
Therefore, if the son has appointed someone who is already deceased or who rejects the inheritance as an heir and the parents as substitute heirs, then they will also be considered upon the son’s death.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains for the parents depends not only on the son’s assets, but also on the number of other heirs, legatees and beneficiaries entitled to a compulsory portion.
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