Inheriting when a brother dies?
Inheritance upon a Brother’s Death
Do siblings receive an inheritance share upon the death of a brother? If so, how large is the inheritance share of siblings upon the death of a brother? The inheritance law experts at Harlander & Partner explain the answers to these questions.
Inheritance Law of Siblings
Siblings do not automatically receive an inheritance upon the death of a brother. Nevertheless, several possibilities exist for siblings to receive a portion or even the entire inheritance.
Brother’s Will
If the brother has drawn up a will, he can include his siblings in the will. In this way, siblings can be designated as heirs to the entire estate or a specific share (e.g., half, quarter) according to the brother’s last will.
Brother’s Bequest / Legacy
Furthermore, the brother has the option to leave his siblings individual items (e.g., a flower vase) or rights (e.g., a right of residence in his house) as a bequest.
Gift upon Death by the Brother
In the case of a gift upon death, the brother promises his siblings the gratuitous transfer of a specific part of his assets upon his 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 brother could amend at any time, the brother is also bound by the gift upon death. A gift upon death is a bilateral binding contract that cannot be unilaterally revoked.
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The care bequest is a statutory bequest. It is not based on a testamentary disposition of the deceased brother, but exclusively on the basis of the law.
Siblings are entitled to a care bequest if they have cared for the brother as follows:
- in the last three years before the brother’s death
- for at least six months
- to an extent that is not merely insignificant (usually averaging more than 20 hours per month)
- free of charge (without consideration)
Statutory Succession after the Brother
If the brother has not drawn up a will, statutory succession applies. However, siblings only come into consideration under statutory succession if the following persons (spouse and close relatives of the deceased brother) do not exist, have already passed away, or are lawfully excluded from the inheritance:
- Spouse of the deceased
- Children of the deceased
- Grandchildren of the deceased
- Great-grandchildren of the deceased
- Parents 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.
Therefore, if the brother was designated as an heir and the siblings as subsequent heirs in a previous testamentary disposition, the siblings will inherit upon the brother’s death. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the portion that the brother did not consume.
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 brother has appointed someone who has already passed away or who disclaims the inheritance as an heir, and the siblings as substitute heirs, then they will also inherit upon the brother’s death.
Amount of the Inheritance
The amount of the inheritance or the value that ultimately remains for the siblings depends not only on the brother’s assets but also on the number of other heirs, legatees, and forced heirship beneficiaries.
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