Grandchildren's inheritance law?
May 7, 2014 | 30,00 EUR | answered by Jan Wilking
Hello,
the situation is as follows: I am 39 years old and my biological father has passed away. I am his only daughter. However, I was adopted a few years ago (already as an adult) by my mother's new husband - I had been raised by both of them. The adoption took place in a way that it has the same effect as a child adoption. That means, since then, I have no rights or obligations regarding my biological father.
My question now is:
I am not entitled to inherit, but are my children? (Since they are the grandchildren?)
I would appreciate a quick clarification.
Kind regards.
Dear inquirer,
I am happy to answer your inquiry taking into consideration the facts you have described and your dedication as follows:
First of all, I would like to offer my condolences on the death of your biological father.
If the family court has determined that the provisions regarding the adoption of a minor should apply in accordance with § 1772 of the German Civil Code (BGB), then § 1755 (1) BGB is likely relevant here:
"By adoption, the child's relationship of consanguinity and that of its descendants to its previous relatives and the resulting rights and obligations are extinguished."
The extinguishment of the family relationships and therefore also the inheritance claims generally not only applies to the adopted child itself, but also to its children ("descendants"), so unfortunately your children are not entitled to inheritance rights.
I hope this provides you with a helpful initial orientation. If you have any further questions, please use the free follow-up function.
Kind regards
