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Preliminary heir and subsequent heir: what does that mean?

With preliminary and subsequent inheritance, a testator can determine that first one person inherits (preliminary heir) and, after a certain event such as their death, another (subsequent heir). This way the assets are preserved for the subsequent heir, but are bound to the preliminary heir.

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The testator can order that the heir only becomes heir after another has first become heir (§ 2100 BGB). The preliminary heir receives the estate but is restricted, for the benefit of the subsequent heir, in disposing of certain objects, above all real property.
The preliminary heir may not diminish the estate at will. Over real property and gifts, they generally cannot dispose freely, insofar as they have not been released from restrictions. This protects the subsequent heir.

What you should do now

  1. 1

    1. Clarify the position

    Establish whether you are a preliminary or subsequent heir and whether releases are ordered.

  2. 2

    2. Observe the restrictions

    As a preliminary heir, comply with the restrictions on disposal.

  3. 3

    3. Preserve the estate

    Administer the estate so that the subsequent heir is not disadvantaged.

  4. 4

    4. Prepare for the subsequent inheritance

    Clarify in good time what must be handed over when the subsequent inheritance occurs.

How to spot the scam

  • The preliminary heir disposes impermissibly of protected estate objects.
  • Releases and restrictions are not observed.
  • The subsequent heir is kept in the dark about their expectancy.

Frequently asked questions

What is the difference between preliminary and subsequent heir?

The preliminary heir inherits first, the subsequent heir only after an event determined by the testator, often the death of the preliminary heir (§ 2100 BGB). The preliminary heir uses the estate but must preserve it for the subsequent heir and is restricted in certain dispositions.

May the preliminary heir sell everything?

No. Over real property and in the case of gifts, the non-released preliminary heir is restricted to protect the subsequent heir. Movable items they can use more freely, but they may not hollow out the estate to the detriment of the subsequent heir. The testator can, however, release them from restrictions.

What is the purpose of preliminary and subsequent inheritance?

It allows the testator to direct the assets across several stages, for instance to keep them in the family or to secure a particular child. It is also a building block of the disability will and other arrangements.

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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.