Ask a lawyer on the topic of Inheritance law

Payout of legacies

December 9, 2011 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear Sir or Madam,

There is a sole heir,
there are also legacies for children/grandchildren
In addition, an executor has been appointed
(6 years)

Question:
How can the legatee access the money legacy most quickly and securely if the executor is expected to pay only after 6 years (statute of limitations after 3 years)

Thank you

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry. I would like to answer it as follows:

The legatees have a claim to payment of the legacy against the heir.

If the legacy has not been made dependent on a specific time in the will, the legacy can be demanded immediately after the inheritance.

The executor generally has no right to refuse payment. Based on your description, I also cannot see any important reason.

In this context, the executor should be requested to pay out the legacy in writing (by registered mail) with a reasonable deadline (approximately 10-14 days).

If the deadline passes without success, the legatees should instruct a specialized attorney in inheritance law to represent their legal interests, if necessary, in court.

I hope to have provided you with initial legal guidance and wish you success and all the best!

I would like to point out the following to you in conclusion:

The legal information I provided is based solely on the information you provided. My response is only a preliminary legal assessment of the situation, which cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.

I hope that my explanations have helped you. Feel free to contact me through the follow-up option.

I wish you a pleasant Friday afternoon!

Kind regards from the North Sea coast

Dipl.-Jur. Danjel-Philippe Newerla, Attorney