Probate - disclaimer of an inheritance Unfortunately this specification of service has not yet been completely translated.

An heir may disclaim the inheritance if he has not yet accepted it and the disclaimer period has not yet expired. After expiry of the disclaimer period, the inheritance is deemed to have been accepted.

  • when disclaiming an inheritance,

    At the time of notarisation of the rash declaration, it is mandatory to prove your identity by means of an official photo identification (valid identity card or passport). If available, the death certificate of the deceased must also be presented.

Preconditions

The disclaimer of the inheritance must be declared to the probate court within the disclaimer period and in the prescribed form.

Hints

The probate court is the local court at the last habitual residence of the deceased, which is not necessarily the last place of residence under registration law, but the place where the deceased last lived.

For the notarisation of rash declarations at the district courts of Bremen and Bremen-Blumenthal, it is imperative that an appointment be arranged through the responsible office. At the Local Court of Bremerhaven, the statement of rejection can be notarised Monday to Thursday during office hours.

  • §§ 1944 ff. Bürgerliches Gesetzbuch (BGB)

The disclaimer must be declared in a publicly certified form or for 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 person making the declaration or

(d) be certified at any other probate court

As a result of a rash declaration, the inheritance in the probate proceedings, which are based on the legal succession, accrues to the children and also the grandchildren or great-grandchildren etc. of the rash deceased, as well as any other relatives in the collateral line.

For underage children, the legal representative decides whether the inheritance should be rejected. Legal representatives are usually the parents of the children together. The rejection of the inheritance for the children is then only effective if it is made by both parents . Both parents can also declare the disclaimer separately. Whoever has sole or no custody of minor children should mention this in the declaration of deprivation.

Under certain circumstances, the approval of the family court is required. This must then be proven to the probate court within the deferment period.

An authorised representative can only make the declaration of rejection if the power of attorney is publicly certified. This power of attorney must be attached to the declaration or submitted within the period of time allowed for the declaration of rejection (§ 1945 (3) BGB).

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