Berlin (dpa / tmn) - Caution should be exercised when building in favor of certain other people. Because the inheritance does not automatically go to the co-heirs.
Rather, it goes to those people who would have inherited if you had already died. Under certain circumstances, others may come into play who you did not want to favor.
By challenging the rejection, this result can only be corrected in exceptional cases, as reported by the Inheritance Law Working Group of the German Lawyers' Association (DAV). It refers to a judgment of the Chamber Court (KG) Berlin (Az .: 19 W 50/19).
The case: A man dies and leaves behind his mother, his wife and a daughter and their daughter. There is no will. The daughter swings out for herself and her daughter so that her mother, the widow, can inherit alone. However, as a result of her rashes, her mother does not inherit alone, but together with her grandmother. When the daughter finds out, she contests the rash. Thereupon, the widow and the daughter each apply for half a certificate of inheritance.
Unsuccessfully: The court found that a declaration can only be challenged if it is based on a legally relevant error. This was not the case here. Because the daughter was in a so-called motive error when explaining the rash. Her mistake was that she misjudged the legal succession. But this is only an indirect consequence.
She had correctly assessed the immediate consequence of her rejection. So she had not assumed that her inheritance would fall to her mother. Rather, she was aware that the legal succession had to be re-evaluated after the rejection, as if the contestant had never become an heir. This can be seen in the fact that she also explained the rash for her daughter.
Working group inheritance law