When a loved one dies, they often leave behind not only memories but also assets that must be divided among the heirs. This can lead to disputes, especially when it comes to the estate and any prior gifts made by the deceased. In this article, we examine, based on a recent ruling by the Higher Regional Court (OLG) of Naumburg, the rights of co-heirs to information and where the limits of these rights lie.
1. When are co-heirs entitled to information?
A key issue in inheritance disputes is the right to information. The German Civil Code (BGB) stipulates in § 2027 that a co-heir can demand information from the possessor of the inheritance about the assets of the estate. However, there is an important limitation:
👉 Gifts made by the deceased during their lifetime, prior to their death, are not covered by this right to information. The right therefore only applies to assets that were actually still part of the deceased’s estate at the time of their death.
“This clearly illustrates the limitations of Section 2027 of the German Civil Code,” explains lawyer István Cocron. “Co-heirs cannot simply demand everything – it must concern estate assets that still exist at the time of death.”
2. Information about lifetime gifts – when is this possible?
In some cases, co-heirs can still request information about previous gifts made by the deceased, particularly if they are so-called gifts subject to equalization. These are regulated in Sections 2050 to 2057 of the German Civil Code (BGB).
👉 For example: If a testator transferred assets to one of their children during their lifetime so that the child could, for instance, buy a house, this gift may, under certain circumstances, be taken into account when dividing the estate. However, this is conditional on the gift being subject to equalization, for example, because it exceeds the usual level of support.
“The obligation to equalize ensures that all co-heirs are treated fairly,” says lawyer Cocron. “However, such contributions must be clearly verifiable and assessable according to legal criteria.”
3. What must co-heirs prove in court?
If a co-heir wishes to assert a right to information, they must explain precisely why the information is necessary and to which assets the claim relates. This means:
– Clear reference to the obligation to equalize: It must be proven that a gift has taken place and that it is subject to the equalization regulations.
– Detailed justification: General assertions are insufficient. Without concrete evidence of contributions subject to compensation, the claim will be dismissed.
An example of these requirements is provided by the decision of the Higher Regional Court of Naumburg (judgment of 13.06.2024, case no. 2 U 81/23).
In this case, the descendants of a deceased co-heir sued for information about possible gifts made by the deceased. However, the court dismissed the claim because the plaintiffs could not sufficiently demonstrate that these gifts were actually subject to equalization.
“This ruling clearly demonstrates how high the hurdles are for substantiating a claim for information,” explains lawyer Cocron. “It is not enough to express assumptions – concrete facts are required.”
4. Why are lifetime gifts often not discussed?
The court also clarified in its ruling: Even if an heir is aware of previous gifts, he is not automatically required to pass this information on to the other heirs.
This is because such gifts are – legally speaking – no longer part of the estate. An exception exists only if the gift has a special impact on the division of the inheritance, for example, regarding the equalization obligation pursuant to Section 2050 Paragraph 2 of the German Civil Code (BGB).
“The legal distinction between the estate and previous gifts is crucial here,” emphasizes lawyer Cocron. “Without a clear legal basis, a claim for information will not hold up in court.”
5. Conclusion: Information requests – look closely!
Information rights in inheritance law are complex and highly dependent on the individual case. As a co-heir, you should be aware that not every piece of information about the deceased must be automatically disclosed. Whether you actually have a right to information depends on the following:
Are these items from an estate or lifetime gifts?
– Is there a legitimate interest, e.g., due to a possible obligation to provide compensation?
“To avoid disputes among heirs, legal advice should be sought early on,” advises lawyer Cocron. “Sound advice can often help resolve conflicts before they escalate.”
Do you have questions about rights to information in inheritance law? Our partner lawyers will be happy to advise you!
