Inheritance

Germany

The term inheritance refers to the German inheritance law, all assets of a deceased person, the testator, § 1922, Section 1 of the Civil Code.

The heir (or the community of heirs ) is universal successor of the deceased. The inheritance is therefore the subject of this the transfer, which includes both the assets and the liabilities of the assets of the testator ( universal succession ). In addition to the property 857 BGB is also transferred the property to the heir or heirs by virtue of §.

As part of the estate liability, the heirs must assume responsibility for the debts of the deceased estate, see § 1967 BGB.

The heir is not bound to accept the inheritance. Within six weeks after becoming aware of the inheritance of the heir can refuse the inheritance, if he has not already declared the acceptance of the inheritance ( § 1944 BGB). At the end of the six weeks (or when applying for a certificate of inheritance ) the inheritance is accepted. The Erbausschlagung must be made by personal statement to the probate court or before a notary, who then forwards the statement to the probate court. The Ausschlagungsrecht deleted after acceptance of the inheritance. When erroneous assumption waiver or default of the six -week period ( = acceptance) the heirs may remain in the possibility of challenging the Erbanfalls (in practice, the most important case is the failure to recognize the indebtedness of the estate ).

If the decedent inherited separately individual items in his will, this is a legacy in the legal sense. If the legatee stand as a legacy for the liabilities, it is a Erbeinsetzung to the value of the thing corresponding fraction with anticipated sharing arrangement.

Austria

In Austria there are highly personal rights and obligations, which can not be inherited. For example, a prison sentence is not inheritable, but an open credit very well, fines only when final judgment, but not in the current method.

There are three ways of inheritance:

Erbvertrag

This contract may only be concluded between spouses and that contract is binding. The resolution can only be resolved by mutual agreement. Here also, one quarter left.

Testamentary available

The mandatory part for spouse and children is 50 % of the inheritance or one third of parents. About the remaining heritage can determine the available free.

Not entitled to a compulsory portion have disinherited, but for specific reasons must be present:

Intestate succession

If no or an invalid Testament are present, the legal order of succession in force. If it was decreed in his will only a part of the estate, the remaining part is divided by intestate succession.

Legal heirs are persons who are related to the deceased in the next line:

• The first line includes children of the deceased person, as well as their children and grandchildren.
• The second line includes mother and father, and their descendants.
• The third line include grandparents, and their children and grandchildren.
• The fourth line include great-grandparents ( but not their descendants).

Should a person of the above lines already have died, then his descendants inherit exactly the part that that person would receive.

Swell

• Http://www.unschwarz.at/service/erbrecht.html