Inheritance law distinguishes between inheritance and legacy. Accordingly, a will should be clearly formulated. Only the heir becomes the legal successor to the testator.
If there is no will or inheritance contract, the statutory order of succession automatically applies. Anyone wishing to distribute their estate differently can do so in a will. It is important that the will be clearly formulated and leaves no room for interpretation. As the business law firm MTR Rechtsanwälte explains, it should be clear from the last will who will become the heir and who, if applicable, will become the legatee.
There is a significant legal difference between inheritance and legacy. Thus, the estate automatically passes to the statutory heirs even if the testator has not drawn up a will. A legacy, on the other hand, must be expressly arranged by the testator.
The testator can order that a specific part of the estate be given to a certain person. When the case of inheritance occurs, this item does not automatically pass to the legatee. The claim to the legacy must be asserted against the heirs.
A legacy does not influence the order of succession, and a legatee cannot make further claims on the estate. The estate falls to the heirs. Unlike a legatee, they become the legal successors of the testator. This means that they must also assume the liabilities of the testator.
However, it is not always clear from a will who should become the legatee and who the heir. The Higher Regional Court of Saarbrücken ruled on March 30, 2022, that even in an unclear case, an appointment of heir can exist. The heir is the one who receives the main assets. Other persons considered are then legatees (Az.: 5 W 15/22).
In this case, a widowed and childless man bequeathed his house and cash assets to his life partner and the remaining assets to his nephews and nieces. Even though the testator had decreed in the will that nephews and nieces should inherit the remaining assets, the OLG stated they were only legatees. The value of the house and cash assets was significantly higher, so the life partner became 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.
