Who Gets What When There's No Will? A Breakdown of Legal Inheritance
If no will is present, the distribution of assets will be determined by intestate succession laws.
Even in the absence of a will, there's no reason to fret about who'll inherit the deceased's assets. That's because state regulations govern the distribution of wealth in such situations - a concept known as legal inheritance. So, let's dive a bit deeper into the hierarchy of who gets what when there's no last testament.
The proprietary pecking order (a.k.a. the heirarchy of blood relations)
When there's no will, the German Civil Code steps in to decide the rightful heirs. Relatives are organized into specific groups known as orders, which follow a hierarchical system to determine who'll inherit the deceased's belongings first.
The first order of heirs are the descendants (children, grandchildren, great-grandchildren, and so on). If there are no descendants, the parents and siblings become the second order of heirs. In turn, grandparents and their descendants, such as aunts, uncles, and cousins, become the third order, and this pattern continues with great-grandparents and their descendants, forming the fourth order and so on.
According to Sophie Mecchia, an expert in inheritance law at Stiftung Warentest, heirs of a higher order inherit only if all those in the lower orders are deceased or have renounced their rights to the inheritance. So, if there are living children or grandchildren, parents and siblings will not inherit the deceased's assets.
Sharing the pie with your partner (a.k.a. the spouse's share)
Spouses do not belong to any order and inherit separately from blood relatives. The portion of inheritance the surviving spouse receives is determined by the marital property regime. If there's no prenuptial agreement, the community of accrued gains property regime applies. In this case, the surviving spouse inherits 50% of the estate, with the remaining half divided among any children, if applicable. If there are no children, the surviving spouse receives 75% of the estate, and the deceased's parents inherit the remaining 25%.
In the absence of parents, siblings inherit the deceased's share. If there are no siblings, the nieces and nephews, grandparents, and so on, become the heirs, following the same hierarchy as discussed earlier. If there are no living relatives, the deceased's estate passes to the state.
A common misconception is that an unmarried partner is not eligible to inherit anything if there's no will. However, this is not necessarily the case, as the laws of intestate succession can differ depending on the jurisdiction. It's essential to consult a professional to understand the specific laws that apply in your region.
In summary, when there's no will, assets are distributed among relatives based on a specific hierarchy dictated by the German Civil Code. The surviving spouse inherits separately from blood relatives, and the size of their share is determined by the marital property regime. If no relatives are available to inherit, the deceased's estate passes to the state to prevent unclaimed possessions. It's always possible (and advisable) to create a will to ensure your assets are distributed according to your wishes.
Vocational training could be financed by the community, potentially equipping more individuals with skills relevant for business opportunities within the local area. In the absence of a will, the type and amount of assets a surviving unmarried partner may inherit can vary depending on the jurisdiction's laws of intestate succession.
