Inheritance law distinguishes between inheritance and legacy. A will should be formulated accordingly. Only the heir also becomes the legal successor of the testator.
If there is no will or inheritance contract, the statutory succession automatically applies. Anyone who wants to distribute their estate differently can do so in a will. It is important that the will is clearly formulated and leaves no room for interpretation. As the commercial law firm MTR Rechtsanwälte explains, the will should clearly indicate who is the heir and who, if applicable, is the legatee.
Legally, there is a significant difference between inheritance and legacy. The estate automatically goes to the legal heirs even if the testator has not drafted a will. However, a legacy must be expressly ordered by the testator.
The testator can order that a specific part of the estate should go to a certain person. Once the event of death has occurred, this item does not automatically go to the legatee. The claim to the legacy must be asserted against the heirs.
A legacy does not affect the succession, and a legatee cannot make further claims to the estate. The estate goes to the heirs. Unlike a legatee, they become the legal successors of the testator. This means they must also assume the liabilities of the testator.
However, who should become the legatee and who the heir is not always clear from a will. The Higher Regional Court of Saarbrücken ruled on March 30, 2022, that even in cases of ambiguity, an heir designation can be present. The heir is the one who receives the main assets. Other favored individuals would then be legatees (Ref.: 5 W 15/22).
In the case, a widowed and childless man, according to his will, bequeathed his house and cash assets to his partner and the remaining assets to his nephews and nieces. Even though the testator had decreed in the will that the nephews and nieces should inherit the remaining assets, they are only legatees, according to the Higher Regional Court. The value of the house and cash assets was significantly higher, making the partner the sole heir.
To avoid disputes among heirs, a testator should ensure that their last will is clearly formulated. Lawyers experienced in inheritance law provide advice.
