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Liability of heirs and the community of heirs, as well as possibilities for limiting liability
Upon the death of the testator, all of their assets and liabilities pass to the heirs. This process is legally known as universal succession. The heirs thus assume the legal position of the deceased and are also liable for their debts. They are jointly and severally liable, meaning that a creditor can demand payment of…
16/12/2024How can claims to a compulsory share of the inheritance be asserted if the heir’s address is unknown?
To assert claims to a compulsory share of the inheritance without interrupting the statute of limitations when the heir’s address is unknown, an estate administrator can be appointed. In such cases, the probate court has the task of securing the estate. It can appoint an estate administrator for this purpose, particularly if the heir is…
16/12/2024When does the compulsory share claim become due?
The compulsory share becomes due immediately upon the death of the testator. From this point on, it is inheritable and transferable. The person entitled to the compulsory share can demand both payment of the share and the provision of the necessary information immediately. They do not need to wait for the distribution of the estate…
14/12/202411 tips for preserving inheritance tax advantages
After the death of the testator, heirs often face tax challenges, especially if no appropriate arrangements have been made. This article offers recommendations for mitigating inheritance tax disadvantages and distributing the estate efficiently. 1. Review of formally invalid wills A will is only legally valid if it meets the formal requirements stipulated in the German…
14/12/2024What to do if the whereabouts of a co-heir are unknown?
It frequently happens that an inheritance occurs and the whereabouts of one or more co-heirs are unknown. Since German inheritance law stipulates that the settlement of an estate must be carried out jointly by all heirs, the known heirs often face considerable difficulties. While an individual heir can apply for a certificate of inheritance proving…
12/12/2024LG Berlin: Money back in online poker
Poker enjoys great popularity. Although it offers players the opportunity to make the most of their cards through tactical maneuvers, poker is considered a game of chance. This also applies to online poker. This means that players can reclaim their losses if the operators of online poker games do not possess the required license valid…
12/12/2024Brandenburg Higher Regional Court – Online casino must fully reimburse losses
The Higher Regional Court of Brandenburg ruled on October 16, 2023, that an online gambling operator must fully compensate a player for his losses. The player can breathe a sigh of relief; he had gambled away approximately €60,000 at the online casino. He had accumulated the losses between 2017 and 2019 while participating in online…
11/12/2024Higher Regional Court of Hamm: Will drawn up on several loose sheets
Official guidelines: 1. A handwritten will can be validly drawn up on several loose sheets of paper if the unity of the declaration of intent is evident from the entire document. 2. However, the necessary internal connection cannot be established solely by storing the document together with other documents (e.g., a copy of a notarial…
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