The heir may waive the inheritance if it has not yet been accepted and the deadline for waiver has not yet expired. The inheritance is deemed to have been accepted once the deadline has expired.
More Information
Publisher
Bremen, Stadt
Last update or date of publication
Contact
The government service telephone number 115 – your point of contact for questions related to the federal, state and local.
Monday through Friday from 8:00 to 18:00 (and beyond these times in some regions).
Call 115 nowGovernment service telephone number calls are charged at local rates.
Preconditions
Your waiver of inheritance is only effective if your signature has been notarized by a notary of your choice and the declaration is received by the probate court within the waiver period.
The waiver can also be notarized at the court of your place of residence or the Bremen district court as the locally competent court within the waiver period.
Hints
The probate court is the local court at the last habitual residence of the deceased. This is not necessarily the last place of residence under registration law, but the place where the deceased last lived.
For the notarization of declarations of renunciation at the local courts of Bremen and Bremen-Blumenthal, an appointment must be made via the responsible office.
fee
- Fee
- The fee for notarisation of the rash declaration at the local court is usually 30 Euros. It is advisable to reject with several persons at the same time. The notary's fees are charged according to the same law. The notary also charges the value added tax and any expenses.0.00 to 30.00 EUR
- Advance payment
- no
Basis for legal action
Legal Remedies
Please enquire about your legal remedies at the responsible office.
Procedure
The disclaimer must be declared in publicly certified form or on the record of the probate court, i.e.
a) the signature must either be certified by a notary public or
b) the declaration must be certified by the probate court.
c) the declaration must be certified by the court of residence of the disclaiming party, or
d) be certified by any other probate court.
As a result of a declaration of disclaimer, the inheritance falls to the children and also to the grandchildren or great-grandchildren, etc. of the disclaiming party, as well as, if applicable, to other relatives in the collateral line , in the probate proceedings that are governed by the legal succession.
For minor children, the legal representative decides whether the inheritance is to be disclaimed. As a rule, the legal representatives are the parents of the children jointly. The disclaimer of inheritance for the children is then only effective if it is made by both parents . Both parents can also declare the disclaimer separately. Anyone who has sole custody of minor children or no custody at all should mention this in the disclaimer.
Under certain circumstances, the approval of the family court is required. This must then be proven to the probate court within the disclaimer period.
A proxy can only submit the disclaimer if the power of attorney is publicly certified. This power of attorney must be enclosed with the declaration or brought forward within the disclaimer period (Section 1945 (3) of the German Civil Code).
Deadlines
The period for waiver is 6 weeks. However, it is 6 months if the testator's last habitual residence was abroad or if the person to whom the inheritance was due was abroad at the beginning of the period. The time limit begins with the knowledge of the receipt of the inheritance and the reason for the appointment as heir (i.e. on the basis of the notification of the existence and content of a will or on the basis of the notification that at least one preceding heir has disclaimed the inheritance) and can therefore also be well after the date of death of the deceased. If the declaration of renunciation is notarized at the court of residence or at the competent probate court, the declaration is deemed to have been made within the deadline when signed. In the case of notarization by a notary or a court other than those mentioned, the declaration of waiver only becomes effective within the deadline when it is received by the competent probate court. The risk for this is borne by the person making the waiver. The person to whom the inheritance only accrues due to a declaration of waiver by a previously appointed heir is notified by the probate court. If there is a will, the period does not begin before the will is opened and the heirs are notified accordingly.