Donation and now a will
October 24, 2009 | 20,00 EUR | answered by Michael Vogt
It goes like this. Six years ago, my grandfather passed away, and my grandmother gifted the house to my father with the stipulation that she has lifelong living rights in one of the apartments in the house. My sister and I each received a plot of land that was not even included in the zoning plan at that time. My sister and I had the plots of land included in the zoning plan, my sister sold her part, and I built on my part. Now, my grandmother has passed away and my mother happened to find a certificate last night stating that on January 27, 2004, she had written her last will with a notary, and it was deposited at the district court on February 4. Can a gift be revoked by a will, or could she have changed something afterwards?
Sincerely,
K. Köhler
Dear seeker of advice,
Your question I may answer based on the circumstances you have described and taking into account your contribution as follows:
In principle, only assets owned by the deceased at the time of death fall into the estate.
If the transfer of ownership of the properties was valid at that time, they do not fall into the estate. This is not affected by any contrary will.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this answer, based on your information, is only a first legal assessment of the situation. It cannot replace a comprehensive assessment. Adding or omitting relevant information may lead to a completely different legal assessment.
You are welcome to contact me through the follow-up option on this portal or via my email address.
For legal representation beyond this initial consultation, my law firm is also available to assist you.
I wish you a pleasant weekend and remain
Yours sincerely
RA Michael Vogt
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