(openPR) In their wills, testators often use the phrase “I bequeath the house in … to my wife”. Based on the choice of the word “I bequeath”, one might assume that the testator only wanted to give his wife a single item of the estate. However, this assumption would be premature and possibly incorrect.
Inheritance vs. legacy
In order to distinguish whether there is an appointment of an heir or merely the donation of a single item of the estate, the ratio of the value of the “bequeathed” item to the value of the entire estate is decisive.
- Inheritance: The testator appoints a person as heir who receives a share of the entire estate.
- legacy: The testator gives a specific item or a fixed amount from the estate to a person without appointing them as heir.
Relevance of the assessment
Since the distinction between inheritance and legacy often involves complex valuation issues, it is advisable to consult a professional. A lawyer specializing in inheritance law can provide valuable support here. He can analyze the exact wording of the will and determine the value of the bequeathed item in relation to the entire estate. This ensures that the testator’s final wishes are correctly implemented.
Conclusion
If there are any ambiguities in testamentary provisions, professional advice is essential. This helps to avoid misunderstandings and to ensure that the testator’s final wishes are implemented in a legally secure manner.
This article was written by Mr. Thomas van Eimern, Attorney at Law from the law firm Prof. Dr. Thieler – Prof. Dr. Böh – Thieler Rechtsanwaltsgesellschaft mbH. Mr. Thomas van Eimern has been a specialist lawyer for inheritance law and, in addition, a specialist lawyer for labor law for many years. In his field of activity as a specialist lawyer for inheritance law at the law firm Prof. Dr. Thieler – Prof. Dr. Böh – Thieler Rechtsanwaltsgesellschaft mbH, which operates throughout Germany, Mr. van Eimern advises and represents our clients in all out-of-court and in-court inheritance law proceedings.
This article does not constitute legal advice and is provided for informational purposes only.
If you have any questions, please contact attorney Thomas van Eimern from the law firm Prof. Dr. Thieler – Prof. Dr. Böh – Thieler Rechtsanwaltsgesellschaft mbH.
The contact details are attached below.
