A | E | G | H | L | V | Z

A

Auseinandersetzungsanordnung [contestation order]

The „Auseinandersetzungsanordnung“ (§ 2048 BGB), or contestation order is when the object, assigned by the testator to a beneficiary, will be credited to the worth of the part of the inheritance. In contrast to this a legacy without charge takes place on the inheritance.

Back to the top of the page

E

Erbe(n) [inheritance]

In Germany the “Erbe”, or inheritance is transfereed as a whole. This is not necessarily so in other countries.

Erbfall [succession]

Erbfall, or succession, occurs with the death of a person, the beqeauther. At this time, under German law the assets of the deceased are inherited (as a whole) by one or more persons (§ 1922 Abs. 1 BGB). In the case of someone who is braindead sucession occurs at the time in which no brain stem activity is recognised.

Erblasser

The Erblasser, or bequeather, is a natural person who left assets in a will.

Erbschaft [inheritance]

Erbschaft, or inheritance, are the assets inheritable from the bequeather under German law. The assets can also be indebted. Everybody that dies with assets beqeauthes something.

Erbschein [certificate of inheritance]

The "Erbschein", or certificate of inheritance is, pursuant to §§ 2353 ff of the BGB an official certificate of inheritance.
It will be assumed, that he who is indicated in the certificate of inheritance, is entitled and is not limited except as indicated. The certificate of inheritance may be obtained from a Civil Law Notary and on occasion from the district court (court of probate).

Proof of the succession can only be established through a certificate of inheritance.
Basing the succession however on a last will and testament that is contained in a public document (e.g. Notarial testament) means it is enough if in the place of the certificate of inheritance the testament and the minutes of the testament be submitted. If the land registry does not however consider these document sufficient to claim the succession it may still demand the certificate of inheritance.

Erbunwürdigkeit [the state of being barred from succession]

“Erbunwürdig“, the state of being barred from succession occurs when:

• The intended beneficiary deliberately and illegally killed or tried to kill the bequeather who, up until his death was incapable, of establishing or waiving his will.
• The intended beneficiary deliberately and illegally impedes the establishment or waiving of the bequeather’s will.
• The beqeauther, due to his being deceived or due to a threat changes or waives his will.
• In consideration of the beqeauther’s will due to a criminal offence within the meaning of §§ 267 and 271-274 of the Strafgesetzbuch (criminal code).

There would be no barring from succession in the last two case if, before the…

Die Erbunwürdigkeit tritt in den letzten beiden Fällen nicht ein, wenn vor dem Eintritt des Erbfalls die Verfügung, zu deren Errichtung der Erblasser bestimmt oder in Ansehung deren die Straftat begangen worden ist, unwirksam geworden ist, oder die Verfügung, zu deren Aufhebung er bestimmt worden ist, unwirksam geworden sein würde.

Erbvertrag [contract of inheritance]

An “Erbvertrag” (contract of inheritance) is an agreement, with which an agreement closing the inheritance is formed, which refers to the inheritance after the death of the testator. The contract must be closed personally be the testator. A spouse can, as testator with his spousea close a contract of inheritance, also when he has legal contractual capacity. In this case though he requires the agreement of his legal representative. If the legal representative is a guardian, then permission of the guardian court (equivalent to the Family division of the High court in the UK) is necessary. The regulations are equally valid for those who are engaged or who are in aq registered civil partnership.

Erbverzicht [inheritance waiver]

The „Erbverzicht“, or literally inheritance waiver, is when the intended beneficiary wholly, or partially, waives his right to the inheritance. The contract may only be made by persons in being and in the presence of the bequeather. This requires Notarial recording. The contract may not be contested after the death of the beqeauther.
(BayObLG, Beschluss v. 04.01.2006 - 1Z BR 097/03).

Back to the top of the page

G

Gesamtrechtsnachfolge [Universal succession]

With the death of a person all the assets as a whole are inherited by one or more people (pursuant to § 1922 BGB ). The deceased will then acquire a special legal position in that he cannot then acquire assets. The ownership of the assets is then changed by he law. No further special handling is permitted.

Gruppenerbschein [group inheritance certificate]

The „Gruppenerbschein“ (group inheritance certificate) is the outside summary of several partial certificates of inheritance. Several joint testators can request a group certificate of inheritance although this is rare in practise.

Back to the top of the page

H

Heriditas iacens [vacant inheritance]

The term “Hereditas iacens”, originating from latin, means a resting (vacant) inheritance, which (still) has no inheritor, because substansive law only allows the inheritor to inherit the assets when the court decides as such. In Germany however that becomes inheritance with the death of the testator inheritance.

Hoferbfolgezeugnis

According to § 18 Abs. 2 HöfeO the „Hoferbfolgezeugnis“ is a spezial form of the limited certificate of inheritance. In this certificate it will be proved who inherits the farm pursuant to the HöfeO. The act is only applicable to Hamburg, Niedersachsen, Nordrhein-Westfalen und Schlewsig-Holstein.

Back to the top of the page

L

Legal representative

The legal representative is a trustee who, with the testator's death, obtains the bequest by the avoidance of the inheritance. With this common law construction the inheritance obtains a title somewhat similar to a legacy (residuary legatee) from the bequest. He can then not receive a German certificate of inheritance for the assets that can be beqeauthed.

Legalnießbrauch [legal beneficial interest]

The "Legalnießbrauch", or legal beneficial interest, designates a beneficial interest in an estate or a part of the estate, originating from the law and which, without taking a detour over the assets of the deceased’s estate, is transferred directly to the spouse. This replaces the legal inheritance of the spouse in the Roman legal systems (Spain, Switzerland, France etc).

Leichnam [the human corpse]

The human corpse (Leichnam) is, under German law, an object. Therefore a decleration of possession or a claim for possession under § 1004 BGB may be made. With the exception of corpses used for anatomical purposes there may be no property right in a corpse. The Human body becomes a corpse with the death of a person in being. That is to say, with today’s medical knowledge, the point at which no more brain stem activity is recognised. (§ 3 TPG)

Back to the top of the page

V

Vindikationslegat [legacy in a foreign legal order]

A Vindikationslegat is a legacy in a foreign legal order, with which with the death of the testator the subject of the legacy goes out of the fortune of the testator without detour over fortune inheriting directly into the fortune of the legatee.

Back to the top of the page

Z

Zwangserbrecht

A „Zwangserbrecht“ is a right of succession pursuant to a foreign legal system which
allocated an heir, even though the testator was unable to complete a last will and testament.

Back to the top of the page