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Germany: Legal principles of inheritance and statutory succession
Legal frameworks in Germany govern inheritance through both testamentary instructions and statutory succession. Under the German Civil Code (BGB), if an individual dies without a valid will or inheritance contract, the law dictates the distribution of assets based on kinship orders.
First-order heirs, such as children and their descendants, take precedence. If none exist, the estate passes to second-order heirs, including parents and their descendants. Surviving spouses also hold specific rights; for instance, under § 1931 BGB, a spouse typically inherits one-quarter of the estate when competing with first-order heirs.
In cases where a will exists but its terms are disputed, such as the presence of a division order, courts apply principles from §§ 133 and 2084 BGB to determine the testator's true intent. The burden of proof lies with the party asserting an interpretation that deviates from the literal text of the will.
Entities
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Courts must interpret wills to determine the true intent of the testator. anwaltspraxis-magazin.de
- [○ 1 SOURCE] In the absence of a will or inheritance contract, statutory succession applies in Germany. www.puffbohne.de
- [○ 1 SOURCE] A surviving spouse inherits alongside first-order heirs, receiving one-quarter of the estate. www.puffbohne.de