Inheritance Germany presents – what to do?
In a recent case, the High Regional Court of Stuttgart dealt with a constellation you will find quite regularly in German inheritance law:
The estate seems quite poor, but there are indications that there should have been some value – which disappeared.
In the given case the testator had a monthly income of 1.720,- €, but his bank-account was almost totally empty.
The children who were entitled to a legal portion of the estate turned to the heir named in the last will, but he was not really cooperative in giving information.
The court ruled that he violated his obligations. The legal portion of an estate depends on the value of the estate in the moment of the testator´s death. But such values that were given away by presents 10 years (!) before his/her death also have to be calculated to the value.
And the heir must to do all s/he can to find out, whether such presents were made and to whom.
And if s/he does not fulfill this obligation, s/he will be ruled to make punishment payments – until s/he does.
A very effective means to force people to do what the law expects them to do.
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