What happens if an heir dies before the inheritance occurs?
December 2, 2022 | 40,00 EUR | answered by Uwe Herrmann
Dear Estate Lawyer,
My name is Max Jensen and I have a question regarding my inheritance. My father recently passed away and has left a will naming me as his sole heir. However, my brother passed away before the inheritance occurred. Now I am concerned about what will happen to my brother's inheritance and how it will affect my own inheritance.
I am wondering if my deceased brother's inheritance will automatically pass to me or if it will be distributed to other heirs. I am unsure of how to proceed in this situation and what legal steps I need to take to secure my inheritance and defend against potential claims from other heirs.
Could you please explain to me what happens when an heir has already passed away before the inheritance occurs? Are there any legal provisions or do specific agreements need to be made to clarify this situation? I would greatly appreciate it if you could provide me with possible solutions so that I can legally protect my inheritance.
Thank you in advance for your assistance.
Sincerely,
Max Jensen.
Dear Mr. Jensen,
Thank you for your inquiry regarding your inheritance. First and foremost, I would like to offer my sincere condolences on the loss of your father and your brother. It is understandable that you are concerned about your inheritance in this situation and would like clarity on the legal aspects.
If an heir has already passed away before the inheritance falls due, the legal regulation of the so-called "pre-death inheritance rule" according to § 1922 of the German Civil Code (BGB) applies. According to this rule, the inheritance of the deceased heir does not automatically transfer to the surviving heir, but falls back into the estate and is distributed according to the legal inheritance quotas.
In your case, this means that the inheritance of your deceased brother does not automatically pass to you, but first falls back into the estate. Since your father has named you as the sole heir, you will receive the entire inheritance of your father. Only after that will the inheritance of your brother be distributed according to the legal inheritance quotas.
To legally secure your inheritance and defend against possible claims from other heirs, I recommend consulting with a specialized lawyer in inheritance law. Together, you can assess whether it is advisable to create a will or take other legal steps to secure your inheritance.
It is important that you have all relevant documents such as your father's will, the death certificates of your father and brother, and other documents on hand to receive informed advice.
I hope that this information has been helpful to you. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Uwe Herrmann
Estate Lawyer
