Turning down an inheritance - consider the consequences!

There are many reasons why it can make sense to waive an inheritance. For example, if the estate only consists of debts or if an heir does not want to become part of a disputed community of heirs. However, all parties involved must be careful if the waiver is intended to ensure that the inheritance goes to a specific person (alone).

A difficult everyday topic

It happens in many families: A husband and father dies without leaving a will. This means that the surviving wife and children inherit according to the legal order of succession. "This result often does not correspond to the reality of life," reports Dr. Milan Bayram, press spokesman for the Federal Chamber of Notaries. "This is because spouses often assume that they will work together and build up assets. Only after the death of both spouses should the children come into play."

Inheritance as a way out?

If the family then learns of the possibility of waiving an inheritance, the following idea may develop: If the children (and grandchildren, if any) disclaim the inheritance, the law pretends that they do not exist in the event of inheritance. The mother, as the deceased's wife, would then be the sole heir and the objective would appear to have been achieved. Legal experts refer to this objective as a guiding or tactical waiver.

Danger from distant relatives

"Caution is advised here," warns Bayram. This is because intestate succession can lead to nasty surprises. If a married couple has no children (or is deemed to be childless for the purposes of inheritance law as a result of the waiver), the surviving spouse is by no means automatically the sole heir. Instead, the parents of the deceased also inherit a share in accordance with the statutory order of succession. Although they have often already died, their other children, i.e. the deceased's siblings, take their place. "In other words, the father's siblings (or even their children and grandchildren) form a community of heirs together with the mother in this case," Bayram concludes. This result is usually far less desirable than the original community of heirs consisting of mother and children.

Subsequent repair hardly possible

Once this path has been taken, there are hardly any options for reversing the waiver of the inheritance. A last resort in such cases may be to contest the waiver of inheritance. Anyone who was not informed or was mistaken about a relevant aspect can also subsequently cancel their waiver of inheritance. However, this is not always possible. "The Federal Court of Justice recently disappointed the expectations of a family in this matter," Bayram points out. According to the federal judges, the fact that the mother does not become the sole heir in the end, but the father's siblings inherit should not be a significant error. The inheritance was therefore left with its unintended consequences.

The smarter way: seek advice in good time - before and after an inheritance

"Many people underestimate how complicated inheritance matters can be," explains Bayram. "That's why it's so important to seek advice from a notary at an early stage." Notaries not only help people to understand the legal consequences, but also point out potential pitfalls, for example if underage children or grandchildren are involved. "However, it is best to make provisions during your lifetime," advises Bayram. "A well-thought-out will can avoid many problems from the outset and save relatives from having to make difficult decisions later on, such as the probate of an inheritance."

If the inheritance has already taken place, you should not wait too long to seek competent legal advice. This is because the inheritance is deemed to have been accepted once the six-week period for waiver has expired. As a rule, it is then no longer possible to waive the inheritance.

Bayram concludes: "As neutral experts, notaries stand by families in all life situations. Their fair and competent advice at statutory fees helps to find solutions that serve everyone - an investment that pays off in the long term and prevents expensive surprises."

 

You can find further press releases from the media association on all topics related to the notary's office in the Press portal of the media association of the chambers of notaries.