{"id":1284,"date":"2023-06-06T07:34:57","date_gmt":"2023-06-06T05:34:57","guid":{"rendered":"https:\/\/www.deinadieu.de\/estate-legacy\/"},"modified":"2024-08-19T13:26:03","modified_gmt":"2024-08-19T11:26:03","slug":"estate-legacy","status":"publish","type":"page","link":"https:\/\/www.deinadieu.de\/en\/estate-legacy\/","title":{"rendered":"Estate Legacy"},"content":{"rendered":"\n

Estate, Legacy or a Gift?<\/h2>\n\n
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Estate<\/span><\/i><\/p>

Through an inheritance, the testator bequeaths a percentage of his or her assets AND debts to the community of heirs.

“Hans receives 20% of the disposable part.”
“I name Peter …. as my sole heir.”<\/em><\/em><\/span><\/i><\/p><\/div><\/div>\n<\/div>\n\n\n\n

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legacy<\/span><\/i><\/p>

Through a legacy, the beneficiary does not become part of the community of heirs, but receives a fixed amount or certain material assets.
\u00abI bequeath my watch to \u2026\u00bb
\u00abI bequeath a legacy of
10.000 EUR\u00bb<\/em><\/em><\/span><\/i><\/p><\/div><\/div>\n<\/div>\n\n\n\n

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Gift<\/span><\/i><\/p>

A gift is any inter vivos disposition in which a person uses his or her assets to enrich another without receiving an equivalent consideration.

… Max gives Kurt his collection of postage stamps.”<\/em><\/em><\/span><\/i><\/p><\/div><\/div>\n<\/div>\n<\/div>\n\n

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We show you who you can bequeath and how<\/strong>Simple and easy to understand with given examples<\/p>\n\n\n\n

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Estate<\/strong><\/h2>\n\n\n\n

When a person dies, he or she leaves assets (collectively also called “estate”) behind. Such an inheritance can be received as a statutory or named heir. Statutory heirs are e.g. the children or the testator’s spouse. Named heirs are determined by the testator in his or her will<\/a> or in a contract of succession. All heirs become part of the community of heirs and thereby acquire rights and obligations. An heir is entitled to a certain part of the estate, depending on how many other heirs the latter has to be shared with. However, heirs also become responsible for the debts left by the testator.<\/p>\n\n\n\n

Example 1:Theodor is single and has no children. He has a niece, but he hardly has any contact with her. Theodor has supported animal protection all his life and loves animals. If Theodor made no provisions, his niece would be the only remaining statutory heiress to his estate. Therefore, Theodor decides to settle his estate and to draw up a will to leave his assets, including a villa in Zurich, to an animal protection organization of his choice. He attaches a burden to the disposition, requesting that the organisation has to ensure that his cat is always well cared for until the cat’s death.<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n

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legacy<\/strong><\/h2>\n\n\n\n

In the case of a legacy, the legatee does not become part of the community of heirs. The legatee has the right to recover possession towards the community of heirs for a specific object (e.g. a painting) or a specific sum (e.g. 10,000 EUR). A legatee does not become responsible for the debts left by the testator.<\/p>\n\n\n\n

Example 2:Anton has a daughter and a wife. He has supported a children’s fund (a non-profit organisation) all his life and children are dear to him. He would like to do a good deed and asks lawyer M\u00fcller for advice. M\u00fcller suggests that he bequeaths a legacy to the children\u2019s fund. The children\u2019s fund can be left a certain sum (e.g. 20,000 EUR) from the estate. However, the children\u2019s fund does not acquire the legal status of an heir and does not have a say in the division of the estate. It only has a right to recover possession of the 20,000 EUR. That way, Anton can help disadvantaged children even after his death.<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n

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Gift<\/strong><\/h2>\n\n\n\n

In the case of a gift, the donor donates the donee a thing or a sum during his or her lifetime. Usually, a contract of donation is concluded for this purpose, within which the contracting parties are named. A gift (unlike an inheritance) does not grant the donee the legal status of an heir. <\/p>\n\n\n\n

Example 3:Ida is widowed and has a wealthy sister. However, she does not take great care of her. Ida has been cared for by her neighbour Charlotte for many years. In addition, Ida has many connections in the Third World: she used to often travel to that part of the world with her late husband \u2013 a diplomatic employee of the FDFA. Ida decides to donate a large part of her wealth during her lifetime to her neighbor Charlotte and to a charity that supports aid development for the Third World. She does this by means of a written contract of donation during her lifetime.<\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n

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Now consider an organization or person through a bequest:<\/strong><\/p>\n\n\n\n