Inheritance Law

By Author: Jamie Hanson
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When someone dies, people want everything in order. They want their estates to be passed onto their rightful heirs. The Inheritance Law provides the order to which inheritance will be executed. In Germany, the Civil Code regulates this law. Munich lawyers will be able to guide individuals or families to fully how the inheritance law works.

Who Deserves the Inheritance?

The inheritance law of Germany dictates the orders of inheritance:

First Order - this constitutes the offspring of the deceased. This may include the children, grand children, great grand children, etc.

Second Order - includes the parents and the siblings of the deceased

Third Order - Involves the grandparents, aunts, uncles, cousins, and their issues

The right of the spouse of the deceased to inherit an estate is dependent not on any orders but with respect to the fact of marriage.

The beneficiaries of the estate will inherit the rights and obligations of the deceased. Lawyers in Munich will be able to explain in detail the time limits to decline or accept an estate as the law dictates. They will also be able ...
... to clarify the complexities of the statutory inheritance and how the estate will be shared amongst the beneficiaries.

The inheritance law of Germany states that the children of the deceased, even out of wedlock, are first in line. They inherit equal shares of the estate.

The order as mentioned above is followed in the event that the deceased does not have any children. The spouse inherits the estate outside the system of orders. Lawyers in Munich will be able to discuss in detail any concerns with regard to the inheritance of the spouse.

Inheritance Basics

To put everything in order, an individual may formulate his will so that his estate can be distributed accordingly. The law permits also permits a testamentary contract which gives the estate owner the option to distribute his estate without following the statutory orders.

The law of Germany recognizes different testaments like simple will, emergency will, mutual will, and testamentary contract. One can be guided by the lawyers in Munich to formulate any of these. Any of these will be valid if it is signed or prepared in front of a notary. It is also legal if it is handwritten and signed by the testator.

The testator may nominate an executor of the will. In the event that there is no person nominated to perform the duties, the German Probate Court may assign an administrator. Tax concerns must also be discussed in detail with the lawyers in Munich to know how much will apply based on the amount of the estate.

If you are searching for information on inheritance law, you have to look for 'Rechtsanwalt Erbrecht' or for 'Anwalt Erbrecht'. Knowing the right term to search does help a lot.