Inheriting if a niece dies?
Inheritance after the Death of a Niece
Do uncles and aunts receive a share of the inheritance upon the death of a niece? If so, what is the amount of the inheritance share for uncles and aunts upon the death of a niece? The inheritance law experts at Harlander & Partner explain the answers to these questions.
Inheritance Law of Uncles and Aunts
Uncles and aunts do not automatically receive an inheritance upon the death of a niece. Nevertheless, several possibilities exist for uncles and aunts to receive a part or even the entire inheritance.
Niece’s Will
If the niece has drawn up a will, she can include her uncles and aunts in it. In this way, uncles and aunts can be designated, according to the niece’s last will, as sole heirs of the entire estate or with a specific share (e.g., half, quarter).
Niece’s Bequest / Legacy
Furthermore, the niece has the possibility to leave her uncles and aunts, as a bequest, individual items (e.g., a flower vase) or rights (e.g., a right of residence in her house).
Gift upon Death by the Niece
In the case of a gift upon death, the niece promises her uncles and aunts the gratuitous transfer of a specific part of her assets in the event of her demise. The effect of the gift only takes place upon death.
In contrast to a testamentary disposition by will or bequest, which the niece could amend at any time, the niece is also bound by the gift upon death. The 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 niece, but exclusively on the basis of the law.
Uncles and aunts are entitled to a care bequest if they have cared for the niece as follows:
- in the last three years before the niece’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)
Intestate Succession of the Niece
If the niece has not drawn up a will, intestate succession comes into effect. However, uncles and aunts only become eligible for inheritance under intestate succession if the following persons (spouse and close relatives of the deceased niece) 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
- Grandparents 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 first-appointed heir.
Therefore, if the niece was designated as an heir in a previous testamentary disposition and the uncles and aunts as subsequent heirs after the niece, the uncles and aunts become eligible upon the niece’s death. Depending on the type of subsequent inheritance, they then receive the full original inheritance or only the part that the niece has not consumed.
Substitute Inheritance
When drafting a will, a substitute heir should always be named. The substitute heir will then be considered if the appointed heir cannot inherit or rejects the inheritance.
Therefore, if the niece has appointed someone who has already passed away or who renounces the inheritance as an heir, and the uncles and aunts as substitute heirs, then they also become eligible upon the niece’s death.
Amount of the Inheritance
The amount of the inheritance or the value that ultimately remains for the uncles and aunts depends not only on the niece’s assets, but also on the number of other heirs, legatees, and forced heirship beneficiaries.
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