Inheriting when the granddaughter dies?
Inheritance after the Death of the Granddaughter
Do grandparents receive a share of the inheritance upon the death of the granddaughter? If so, what is the share of the inheritance for grandparents upon the death of the granddaughter? The inheritance law experts at Harlander & Partner explain the solution to these questions.
Inheritance Rights of Grandparents
Grandparents do not automatically receive an inheritance in the event of the granddaughter’s death. Nevertheless, there are several ways for grandparents to receive part or even the entire inheritance.
Granddaughter’s Will
If the granddaughter has drawn up a will, she can consider her grandparents in the will. In this way, grandparents can be considered as heirs to the entire estate or with a specific quota (e.g. half, quarter) in accordance with the granddaughter’s last will.
Granddaughter’s Legacy / Bequest
Furthermore, the granddaughter has the option of leaving individual items (e.g. flower vase) or rights (e.g. right of residence in her house) to her grandparents as a legacy.
Donation Mortis Causa by the Granddaughter
In the case of a donation mortis causa, the granddaughter promises her grandparents the transfer of a certain part of the assets as a gift in the event of her 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 granddaughter could change at any time, the granddaughter 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 granddaughter, but exclusively on the basis of the law.
Grandparents are entitled to a care legacy if they have cared for the granddaughter as follows:
- in the last three years before the granddaughter’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 Granddaughter
If the granddaughter has not drawn up a will, the legal succession will apply. However, grandparents are only considered in the legal succession if the following persons (spouse and close relatives of the deceased granddaughter) do not exist, have already died or are legally 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.
If the granddaughter was therefore named as the heir in an earlier testamentary disposition and the grandparents as the subsequent heirs after the grandson, the grandparents will be considered upon the death of the granddaughter. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the part that the granddaughter 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 granddaughter has appointed someone who has already died or who rejects the inheritance as heir and the grandparents as substitute heirs, then they will also be considered upon the death of the granddaughter.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains for the grandparents depends not only on the assets of the granddaughter, but also on the number of other heirs, legatees and beneficiaries entitled to a compulsory portion.
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.“
