Inheriting if a Great-Uncle Dies?
- Inheritance after the Death of a Great-Uncle
- Inheritance Rights of Great-Nephews and Great-Nieces
- Great-Uncle’s Will
- Bequest / Legacy from the Great-Uncle
- Gift upon Death by the Great-Uncle
- Care bequest
- Intestate Succession from the Great-Uncle
- Subsequent inheritance
- Substitute inheritance
- Amount of inheritance
Inheritance after the Death of a Great-Uncle
Do great-nephews and great-nieces receive an inheritance share upon the death of a great-uncle? If so, how large is the inheritance share of
Inheritance Rights of Great-Nephews and Great-Nieces
Great-nephews and great-nieces do not automatically receive an inheritance upon the death of a great-uncle. Nevertheless, several possibilities exist for great-nephews and great-nieces to receive a portion or even the entire inheritance.
Great-Uncle’s Will
If the great-uncle has drawn up a will, he can include his great-nephews and great-nieces in it. In this way, great-nephews and great-nieces can be considered, according to the great-uncle’s last will, as sole heirs of the entire estate or with a specific share (e.g., half, quarter).
Bequest / Legacy from the Great-Uncle
Furthermore, the great-uncle has the option to leave his great-nephews and great-nieces 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 Great-Uncle
In the case of a gift upon death, the great-uncle promises his great-nephews and great-nieces the gratuitous transfer of a specific part of his estate 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 great-uncle could amend at any time, the great-uncle is also bound by the gift upon death. A gift upon death is a mutually binding contract that cannot be unilaterally revoked.
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 great-uncle, but exclusively on the basis of law.
Great-nephews and great-nieces are entitled to a care bequest if they have cared for the great-uncle as follows:
- in the last three years before the death of the great-uncle
- for at least six months
- to a non-negligible extent (usually more than 20 hours per month on average)
- gratuitously (without consideration)
Intestate Succession from the Great-Uncle
If the great-uncle has not drawn up a will, intestate succession applies. However, great-nephews and great-nieces only become eligible under intestate succession if the following persons (spouses and close relatives of the deceased great-uncle) 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
- Siblings of the deceased
- Nephews and nieces of the deceased
- Grandparents of the deceased
- Aunts and uncles of the deceased
- Cousins 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 great-uncle was designated as an heir in a previous testamentary disposition and the great-nephews and great-nieces as subsequent heirs after the great-uncle, then the great-nephews and great-nieces become eligible upon the great-uncle’s death. Depending on the type of subsequent inheritance, they will then receive the full original inheritance or only the portion that the great-uncle 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 great-uncle has appointed someone who has already passed away or who renounces the inheritance as an heir, and the great-nephews and great-nieces as substitute heirs, then they also become eligible upon the great-uncle’s death.
Amount of Inheritance
The amount of the inheritance or the value that ultimately remains for the great-nephews and great-nieces depends not only on the great-uncle’s estate, but also on the number of other heirs, legatees, and forced heirship beneficiaries.
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.“
