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Renunciation of inheritance in case of an inheritance community.

December 20, 2010 | 35,00 EUR | answered by Jan Wilking

Dear Sir or Madam,

My question regarding inheritance law:

My great aunt recently passed away and left an inheritance. In her will, she named my mother (her niece) and my aunt (also her niece) as sole heirs. There are no other heirs. My mother is currently in private bankruptcy and is considering renouncing the inheritance. What happens to her share of the inheritance? Does it go to us children or to my aunt?

Thank you for answering my question.

Jan Wilking

Dear inquirer,

I am happy to answer your inquiry taking into consideration your description of the facts and your input as follows:

According to § 1953 II BGB, if the inheritance is rejected, it will pass to the person who would have been entitled to it if the rejector had not been alive at the time of the inheritance. Therefore, in the event of a rejection, your mother would be considered legally as not alive at the time of the inheritance.

In the case of a designated inheritance, it is first necessary to determine whether substitute heirs were named by the testator in the event of rejection or predecease of a named heir. If this is not the case, in the case of co-heirs, the inheritance will pass to the remaining heirs according to § 2094 BGB. According to § 2094 BGB, the share of the deceased heir will be distributed among the surviving heirs based on the proportions of their respective inheritance shares.

Therefore, if there is no contrary intention from the testator, in the event of a rejection by your aunt, the inheritance share of your mother would pass to her as the sole remaining designated heir.

I hope this provides you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.

Please note that I am unable to provide a conclusive recommendation without knowledge of all circumstances within the scope of this initial consultation. If you require a final assessment of the situation, I recommend contacting a lawyer and discussing the matter in detail with them after reviewing all documentation.

Best regards