Can grandchildren inherit as well?
November 28, 2022 | 40,00 EUR | answered by Uwe Herrmann
Dear Estate Attorney,
My name is Fred Melzer and I am facing a complex estate law question that is weighing heavily on my mind. My grandmother recently passed away and left a will in which she named my father as the sole heir. Unfortunately, my father passed away several years ago, so I, as his only child and therefore as my grandmother's grandchild, am now questioning whether grandchildren can also inherit.
The situation is particularly delicate for me as a grandchild, as I fear that my inheritance rights may not be taken into account. Additionally, I am unsure if my grandmother made explicit provisions in her will for the event of my father's passing. Therefore, I would like to know if I, as a grandchild, can generally assert inheritance rights and to what extent my grandmother's will affects my inheritance rights.
I am concerned that my inheritance rights may be circumvented by the legal rules of succession or specific testamentary provisions. Therefore, I would be very grateful if you could show me possible ways to secure and, if necessary, enforce my inheritance rights as a grandchild.
Sincerely,
Fred Melzer
Dear Mr. Melzer,
Thank you for your inquiry regarding your inheritance rights as a grandchild of your deceased grandmother. It is understandable that you are concerned in this situation and want to secure your rights. I will be happy to explain in detail how the inheritance situation for grandchildren looks like and what options you have to secure your inheritance claims.
In Germany, the principle of statutory inheritance applies, according to which the closest relatives of a deceased person inherit. Initially, direct descendants, such as children and grandchildren, are preferred. In your case, since your father was appointed as the sole heir of your grandmother and has already passed away, you as his only child step into his place. Therefore, you generally have inheritance claims as a grandchild.
However, a will can influence the statutory inheritance. If your grandmother explicitly stated in her will that in the event of your father's passing, you as a grandchild should inherit, your inheritance claims are secured. It is important to check if and in what form your grandmother made such provisions. If there is no specific clause for the event of your father's passing, the statutory inheritance will apply and you will inherit as a direct descendant of your father.
To secure your inheritance rights as a grandchild and potentially enforce them, I recommend carefully examining your grandmother's will. If you are unsure or need further legal advice, I am available for consultation in my online office hours. Depending on how the will is formulated, various legal steps may be necessary to secure your inheritance claims.
It is important that you address your inheritance situation early to avoid any complications. I am happy to assist you with any further questions or provide comprehensive advice.
Best regards,
Uwe Herrmann
