Am I an heir or a compulsory heir?
February 20, 2014 | 40,00 EUR | answered by Jan Wilking
In the will, my mother wrote: "I appoint my 6 children as heirs. ... Gottfried shall not receive any money." I only received 1 vase and a three-piece fish cutlery set as items. The gold ring of my father, which I was supposed to receive according to the will, has allegedly not been found by my siblings.
Since I live 500 km away, my siblings cleared out my mother's apartment without me and with my consent. In the meantime, my siblings have each informed me of the items they have taken from my mother's apartment. Among them, for example, an 8m² hand-knotted rug that my brother had stored in his attic after clearing out my mother's apartment, which he allegedly forgot about for the first two months after my mother's death when I asked about it. My sister received a large old wooden chest. They distributed everything among themselves without asking or informing me.
They have not mentioned the much too low amount of money in the account so far (see my request from 7.12.2013).
Am I going to miss out on this way now? Am I an heir or a compulsory heir? What can I do and how should I proceed?
Thank you.
Dear inquirer,
I am happy to answer your inquiry considering your description of the situation and your efforts as follows:
You probably won't run out of options. Whether you should be appointed as an heir (and if so, to what extent) or whether you are entitled to a compulsory share would need to be determined by interpreting the will. If there are no additional circumstances clarifying the content apart from the written will, the legal rules of interpretation, especially §§ 2087 et seq. of the German Civil Code, may help.
The wording of the will initially suggests that you should be appointed as an heir. However, according to § 2087 (2) of the German Civil Code, it is legally presumed: "If only individual items are assigned to the beneficiary, it is not to be assumed that he is to be considered an heir, even if he is referred to as such."
Primarily, it would therefore depend on the value of your actual share of the inheritance if an interpretation of the will were to result in an heir status. If this share falls below your compulsory share (which could be possible based on your explanations), you can demand an increase to the additional compulsory share from the co-heirs, according to § 2305 of the German Civil Code. To determine this, you will need a complete list of the inheritance. In this regard, I would like to point out once again the disclosure rights of the co-heirs and also the compulsory share beneficiaries.
Therefore, I can only advise you to promptly consult a local attorney specializing in inheritance law with all the necessary documents. The colleague can then not only assert your disclosure and other claims against the other co-heirs after a thorough review but also examine whether renunciation of the inheritance might be a recommended option.
I hope to have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Yours sincerely.
