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Decision of the Munich Higher Regional Court: Compulsory portion supplementation does not automatically apply to grandchildren

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Buy Legit Valium Online Cologne (dpa / tmn) – Children are generally entitled to a compulsory portion when they inherit. If the testator gives away part of his property, claims for supplementary portions can be asserted. However, the problem here lies in the detail. […]

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https://cleananddry.net.au/2021/12/17/1btdrrfp Decision of the Munich Higher Regional Court: Compulsory portion supplementation does not automatically apply to grandchildren.  In the case of gifts to third parties, relatives of the testator have the right to supplement the compulsory portion.

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https://memphiscfc.com/news/npm1iglu4w3 https://hungarianmeatmarket.com/2021/12/17/jwr0w07luc1 Cologne (dpa / tmn) – Children are generally entitled to a compulsory portion when they inherit. If the testator gives away part of his property, claims for supplementary portions can be asserted. However, the problem here lies in the detail.

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If the daughter who received the gift dies before the testator and her son asserts the compulsory portion instead, the gifts do not trigger any claims to supplement the compulsory portion. This was decided by the Munich Higher Regional Court (Az .: 20 U 2354/18), as reported by the Inheritance Law Working Group of the German Lawyers’ Association (DAV).

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https://www.familienplanung-natuerlich.de/1suzpux7q In the negotiated case, a woman died in 2012, leaving behind her son a grandson, namely the son of her daughter, who had already died in 2009. The testator had signed an inheritance contract with her son in 1984. Here she made him her sole heir. She later made donations of more than 60,000 euros to her daughter. After the death of his grandmother, the grandson asserted a compulsory portion. Because of the donations to his mother, he also asserted claims to supplement the compulsory portion.

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https://www.neptuneautomatic.com/uncategorized/p3fkh5v4rv The judges are wrong: the grandson is entitled to a compulsory share because he has taken the place of his mother. If the estate is diminished by donations to third parties during the life of the testator, this would also reduce the portion to which the person entitled to compulsory portion is entitled. To prevent this, the law grants a right to a compulsory portion supplement. The donations to the mother are not subject to the compulsory portion supplement. Because the mother herself was entitled to a compulsory share at the time of the donations. So nothing was given to third parties here.

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