Inheriting when the mother dies?
Inheritance after the Mother’s Death
Do children receive an inheritance share upon the mother’s death? If so, what is the amount of the children’s inheritance share upon the mother’s death? The inheritance law experts at Harlander & Partner explain the answers to these questions.
Children’s Right of Inheritance
In the event of the mother’s death, children automatically receive an inheritance. This can include a portion or even the entire estate.
Mother’s Will
If the mother has drawn up a will, she can (additionally) consider her children in the will. In this way, she can, according to her last will, determine specific quotas (e.g., half, quarter) that deviate from the statutory right of inheritance (compulsory share claims).
Mother’s Bequest / Legacy
Furthermore, the mother has the option to leave her children individual (divided) items (e.g., a flower vase) or rights (e.g., a right of residence in her house) as a bequest.
Gift in Contemplation of Death by the Mother
In the case of a gift in contemplation of death, the mother promises her children the gratuitous transfer of a specific part of her assets upon her demise. The effect of the gift only takes place upon death.
In contrast to a testamentary disposition through a will or a bequest, which the mother could amend at any time, the mother is also bound by the gift in contemplation of death. The gift in contemplation of death is a bilaterally binding contract that can no longer be unilaterally revoked.
It must be considered that gifts made during lifetime are credited against the estate, so that children not considered receive compensation by way of the compulsory share claim.
Select your preferred appointment now:Free initial consultationCare Bequest
The care bequest is a statutory bequest. It is not based on a testamentary disposition of the deceased mother, but exclusively on the basis of the law.
Children are entitled to a care bequest if they have cared for the mother as follows:
- in the last three years before the mother’s death
- for at least six months
- to a non-negligible extent (usually more than 20 hours per month on average)
- gratuitously (without consideration)
Statutory Succession after the Mother
If the mother has not drawn up a will, statutory succession applies. According to statutory succession, children always come first as beneficiaries to an inheritance claim. The share is calculated depending on the number of children. In principle, children inherit in equal shares. Adopted children are treated equally to biological children.
If there is a spouse, they generally inherit one quarter alongside 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.
Therefore, if the mother was designated as heir and the children as subsequent heirs in an earlier testamentary disposition, the children become entitled upon the mother’s death. Depending on the type of subsequent inheritance, they then receive the full original inheritance or only the part that the mother 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.
Therefore, if the mother has appointed someone who has already passed away or who renounces the inheritance as heir, and the children as substitute heirs, then they also become entitled upon the mother’s death.
Amount of Inheritance
The amount of the inheritance, or the value that ultimately remains for the children, depends not only on the mother’s assets 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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