Legacy: enforcing a claim against the heirs
Anyone who receives a single object or a sum of money in the will without being an heir is a legatee. The legacy does not pass automatically; a claim against the heirs for performance arises.
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What you should do now
- 1
1. Clarify the claim
Check whether the will grants you a legacy and what it is directed at.
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2. Call on the heirs
Call on the heirs in writing to perform and set a deadline.
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3. Secure evidence
Secure the will, proof of inheritance, and details of the bequeathed object.
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4. Enforce
If performance fails to happen, the claim can be enforced in court.
How to spot the scam
- The heirs delay surrender without reason.
- The bequeathed object is spirited away.
- Limitation periods are not observed.
Frequently asked questions
Do I automatically get my legacy?
No. The legacy only gives you a claim against the heirs for surrender or performance (§ 2174 BGB). The heirs must fulfill it. If that does not happen, you can assert the claim and, if necessary, sue.
How do I claim the legacy?
By calling on the heirs in writing to perform and setting a reasonable deadline. Set out your claim and secure evidence. If the heirs do not respond, you can enforce the claim in court.
Does a legacy claim become time-barred?
Yes, the claim is subject to limitation. In principle the regular limitation period applies, which starts running at the end of the year after you gain knowledge. So do not wait too long to assert your legacy.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.