• Preliminary Heir Can Freely Dispose Of Estate By Means Of Provisions in Will
  • August 2, 2013 | Author: Michael Rainer
  • Law Firm: GRP Rainer LLP - Frankfurt am Main Office
  • A preliminary heir can become a full heir if the revisionary heirs demand their legal share and the testator has accounted for this instance in his will.

    GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: If a testator provides in his will that the preliminary heir can freely dispose of the estate as soon as the revisionary heirs demand their legal share, then the preliminary heir shall receive the legal status of a full heir. This was decided by the Hamm Higher Regional Court (OLG) in a recent ruling (Az.: 15 W 112/13). In the instant case, the testator had set up his second wife as preliminary heir and his children as revisionary heirs.

    Furthermore, he determined in his will that the preliminary heir could freely dispose of the estate if his children assert their legal share. After the preliminary heir had compensated the children for their claims in inheritance law, she sought to rewrite a plot of land in her name. This was carried out without registering a notice with respect to the revisionary heirs.

    However, the competent land registry office rejected this alteration, in response to which the preliminary heir filed a complaint and was successful before the Hamm OLG. The Court considered the settlement agreement to be the enforcement of the revisionary heirs’ legal shares. It emerged from the will that in this event the statutory restrictions on preliminary inheritance cease to apply and the preliminary heir becomes a full heir. As soon as provision was made for the legal shares, she could freely dispose of the estate. For this reason, the registration as owner without a notice with respect to the revisionary heirs also had to take place through the land registry office.

    The preparation of a will is more than simply a legal act for the persons concerned; in most cases, it also ensures that the surviving dependants have a financial safeguard in the event of death. That is why it is all the more important to turn to a lawyer active in the field of inheritance law for the execution of a will.

    The consequences of an invalid will are multi-layered. In addition, the judicial dispute is often protracted and accompanied by several costs. A lawyer can be of assistance in drawing up a valid will and see to it that the testator’s last will is respected.