Legal Succession Agreement Deutsch
If an inheritance contract has been concluded in circumstances which, according to the general part of the Civil Code Act, justify the termination of the contract, the termination of the contract may be invoked by the successful person even after the death of the testator in the event of nullity of the inheritance contract or a provision contained therein. The administrator is an officially appointed body. Although he is responsible for managing someone else`s entire estate, he still has the status of his own party in the event of a dispute. She performs her official duties in a private capacity when managing the property of the other person in order to safeguard the interests of all parties involved (heirs and creditors). The administration of the estate, which the insolvency practitioner has the right and effective obligation to perform, is intended not only to maintain and increase the estate, but more importantly to satisfy the creditors of the estate. The main task of the administrator is to ensure that the debts of the estate are settled. 1. Where a trust is established by disposition of property upon death, the application of the law determined by the Convention to the succession shall not preclude the application of another law to the trust. Conversely, the application of its law applicable to a trust does not preclude the application of the law of succession provided for in the Convention to the succession.
(2) The same shall apply mutatis mutandis to foundations and corresponding institutions which have been established by provisions upon death. However, heirs may limit their liability for inherited debts to what is known as estate. This means that all creditors to whom the testator was indebted can recover their losses from the legal estate, but the heirs` own assets remain protected from third parties. Heirs can obtain this limitation of liability in two ways: they can either file an application with the probate court to apply for administration of the estate on behalf of creditors, or they can apply for insolvency proceedings by filing an application with the district court competent to act as insolvency court. Once the certificate of inheritance has been issued, the heirs may divide the estate by mutual agreement. In the event of a dispute, the estate is divided by a court at the request of the heir. The certificate of succession is issued by the probate court (or in Baden-Württemberg until the end of 2017: by the notary`s office) and indicates who the heir is, the extent of his right of succession and, if applicable, the succession or execution of the will. The notary consults the registers of the rights and obligations of the deceased and of credit institutions operating in the Republic of Estonia, the list of which is drawn up by decree of the Minister responsible for the territory. In addition, on the basis of a notarised request from the initiator of the succession procedure or another person with rights to the succession, a notary may also contact other persons. If the deceased was married at the time of the opening of the succession and the nature of the property relationship of the spouses was community of property, the notary must also submit corresponding inquiries concerning the rights and obligations of the surviving spouse of the deceased. The person entitled to initiate succession proceedings has the right to obtain from the notary during the succession proceedings information on who has accepted the succession and who has renounced the succession.
A person who would have inherited in the event of legal succession has the same right in the event of succession on the basis of a testamentary disposition. The aforementioned persons also have the right to examine the results of the investigation into the rights and obligations of the testator. In the case of intentional succession, the person who would have inherited in the case of legal succession has the right to examine the will and the agreement on succession. Testators cannot prevent the right to this reserved share by including in their will the beneficiaries of the reserved share, but by allocating to them less than half of their legal share. In these cases, the beneficiary of the reserved portion is entitled to an additional amount to increase his or her reserved portion to half of the statutory portion. Where, pursuant to Article 3, the law of a third State is applicable and the conflict-of-laws rules of that State determine, in respect of all or part of the succession, the law of another third State which would apply its own law, the law of the latter State shall apply. If the succession is based on a strong disposition provided for by a public deed (notarial will or inheritance contract), it is sufficient to submit the disposition and the official opening protocol to the land register. A surviving spouse does not have a right of succession or a right to preferential share if the deceased filed for divorce before his or her death or applied for written consent to divorce or was entitled to apply for annulment of the marriage at the time of death and made such an application to a court. If a testator has disinherited, by means of a will or estate agreement, a parent, parent or spouse who is entitled to the succession and for whom the testator has a support obligation under the Family Law Act at the time of his or her death, or if a testator has reduced his or her shares of the estate in relation to his or her shares in the legal succession, You are entitled to: claim a reserved portion from the heirs. If the testator has not left a valid will or inheritance contract, the succession is considered intestate and is subject to the law.
If the testator`s will or the agreement as to succession has not been concluded for all his assets, the succession of the uncovered part is carried out in accordance with the law. The testator is the spouse and parents of the deceased; The succession takes place on three levels. The spouse inherits the inheritance with the legal heirs. On the death of the deceased, the succession becomes legally binding on the heir or heirs (principle of succession by operation of law). However, heirs have the right to renounce their inheritance (see below). In this case, all heirs registered on the certificate of inheritance are registered in the land register as co-owners. According to German inheritance law, only parents are considered heirs, i.e. persons with the same parents, grandparents or great-grandparents as the testator, as well as persons who share more distant common ancestors with the testator. According to this definition, conjugal relationships are not considered to be related to the testator at all and are therefore excluded from legal succession, e.g. mother-in-law, son-in-law, father-in-law, daughter-in-law, aunt by marriage, uncle by marriage, etc.; This is because they do not share common ancestors with the testator. If an executor is named in the will, an heir cannot dispose of the assets that form part of the estate that he or she needs to perform his or her duties.
The executor is required to manage the property carefully and to hand over to the heirs the objects he does not need for the execution of the will. Until the heir accepts the estate, the executor is obliged to fulfil the administrator`s obligations or request the administration of the estate. A contract of succession is a contract between the testator and another person in which the testator designates the opposing party or another person as heir, establishes a legacy, testamentary obligation or testamentary instruction. An inheritance agreement may also be concluded between the testator and his legal heir with regard to the fact that the legal heir renounces the succession. Succession contracts must be prepared and notarized by a notary. Inheritance contracts are signed in the presence of a notary. From a legal point of view, when heirs accept their inheritance, they are essentially following in the footsteps of the testator. This means that they must also inherit the person`s debts and, in principle, use their own assets to cover them. 1.
This Convention determines the law applicable to the succession of deceased persons. 2. The Convention shall not apply to: – declarations of acceptance and rejection of property upon death shall be submitted to the notary responsible for the succession. The declarations can also be notarized by another notary, who will then forward the declaration to the notary who carries out the procedure. Example: the deceased leaves behind her husband (with whom she lived in the matrimonial regime of the community of acquired benefits) [each spouse retains ownership of his or her own property, but the increase in the total patrimony of the spouses is divided equally during the marriage] and a daughter. In her will, the testatrix named her husband as sole heir. The estate has a value of 100,000 euros. The fraction to determine the reserved portion of the daughter is 1/4 (while her legal share is 1/2; the same as that of the husband who lived with the deceased in the matrimonial regime of the community of acquired benefits).