Family and children

Inheritance law tip: When parents can turn down inheritance for their child

Summary

Cologne (dpa / tmn) – Children cannot decide whether they want to inherit. Your legal guardians take care of that. If these determine that the child should reject an inheritance, they must have this approved by the family court. Not […]

Inheritance law tip: When parents can turn down inheritance for their child.  When parents reject an inheritance for their child, all of the child's concerns must be given full consideration.

Cologne (dpa / tmn) – Children cannot decide whether they want to inherit. Your legal guardians take care of that. If these determine that the child should reject an inheritance, they must have this approved by the family court.

Not only debts that the child would inherit are grounds for approval. The family court must also consider personal matters, as a decision of the Higher Regional Court (OLG) Cologne shows (Az .: 10 WF 164/18).

This applies, for example, when a grandchild had no relationship with the deceased grandfather – and therefore wants to turn down his inheritance. The Working Group on Inheritance Law of the German Lawyers’ Association (DAV) reports on this.

In the case, a mother wanted to refuse an inheritance from her daughter – and, according to the law, required approval from the family court. This does not want to grant, because the estate is not over-indebted. A co-ownership share in a plot of land worth 25,000 euros would be offset by debts of around 20,900 euros and funeral costs of around 3200 euros. The bottom line is that the inheritance could have brought in around 900 euros.

The verdict: The family court wrongly refused to give its consent, the OLG ruled. The estate is not over-indebted. But that is not the only reason for approval of the disclaimer. The only decisive factor is the child’s best interests. Not only its economic interests have to be taken into account, but all of its concerns have to be comprehensively assessed.

Specifically, the 17-year-old teenager said that she wanted to turn down the inheritance. Because she has no relationship with the testator, her grandfather. In addition, according to the court, other, priority heirs had also turned down.