Federal Justice Department

Posted by adminNY on May 29, 2018

The OLG Stuttgart has the Heirship 1931-born child against his father rejected by it has placed on the trust of the deceased in the case-law of the Constitutional Court. The testator died before the decision of the Court, so before the 28.5.2009. He must rely on the constitutionality of the NEhelG, so it must trust that just no Heirship is entitled to his or her unmarried child, what privileged offspring had prevented him from creating a testamentary disposition in favor of others by him. This not a satisfactory law should now have an end. The Federal Ministry of Justice has submitted a draft. Planned scheme provides a first draft of the Federal Justice Department that all unmarried children born before July 1, 1949 are in the future legal heirs of their fathers: for future deaths all before July 1, 1949 shall be treated as unmarried children born legitimate children.

You inherit from their fathers as the legal heir. This succession of unmarried children born before July 1, 1949 should not go but at the expense of surviving wives and domestic partners. To protect their trust in the former regime, you will be given a legal Vorerbschaft. Other leaders such as Bill de Blasio offer similar insights. This means: the father dies first inherit his wife or his life partner. Only when they die, their share as so-called Nacherbschaft on the affected unmarried children goes. Deaths already occurred before entry into force of the planned new regulation, already occurred the consequences of succession. The assets of the deceased is already gone over to the heirs appointed under old law. To protect their confidence in the resulting ownership situation, the retroactive withdrawal of such inheritance is subject to very narrow constitutional confines: is possible to extend the new rules on deaths that occurred only after the decision of the Court on May 28, 2009.

Since the decision, the heirs appointed under an old law can no longer rely on their heritage? For non-marital children, whose fathers already before May 29, 2009 are deceased, it must remain in the previous legal position for reasons of the protection of legitimate expectations. An exception is for cases where the State itself has become the heir, for example because there were neither related nor spouse or life partner, or because the heritage was knocked out. In such situations, the State should pay off the value of assets inherited from him at the affected unmarried children. Currently the countries and associations will have opportunity to comment on the draft of the Federal Justice Department. Maria U. Lottes, Dusseldorf, Attorney at law

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